What's happening
This bill expands whistleblower protections in New York to include independent contractors and strengthens remedies for retaliatory actions by employers.
Why it matters
Extends protection to independent contractors. By amending the definition of “employee” to include independent contractors, the bill recognizes the growing segment of gig and freelance workers and provides them with legal safeguards against retaliation, which previously did not exist for non-traditional employees.
Lowers the threshold for whistleblower claims. Employees (including independent contractors) are now protected when they “reasonably believe” an employer’s actions are illegal or pose a danger, rather than requiring proof of an actual violation or danger, making it easier to report concerns without fear of technical dismissal.
Expands employer liability. The bill removes the defense that someone is “just” an independent contractor, making it harder for employers to evade responsibility for retaliatory actions by classifying workers as contractors instead of employees.
Strengthens remedies and deterrence. New remedies include front pay in lieu of reinstatement and allow for punitive damages if the employer’s conduct was willful, malicious, or wanton. This increases potential costs for employers who retaliate and provides stronger incentives for compliance with whistleblower protections.
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Who cares
Headline styles
Protect Workers from Retaliation
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
History
- Referred to labor
- Print number 5631a
- Amend and recommit to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Workers From Retaliation
In Assembly Committee · Labor · Sponsor Jessica Ramos
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5631--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
Introduced by M. of A. WEINSTEIN, SIMOTAS, DINOWITZ, GLICK, CAHILL, COLTON, TAYLOR, GRIFFIN -- Multi-Sponsored by -- M. of A. BARRON, CYMBROWITZ, D'URSO, ENGLEBRIGHT, GALEF, GOTTFRIED, JAFFEE, LUPARDO, MAGNARELLI, NIOU, SIMON -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to retaliatory personnel actions by employers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows:
(a) "Employee" means an individual who performs services for and under the control and direction of an employer for wages or other remuneration or natural persons employed as independent contractors to carry out work in furtherance of an employer's business enterprise who are not themselves employers.
§ 2. The opening paragraph and paragraph (a) of subdivision 2 of section 740 of the labor law, the opening paragraph as added by chapter 660 of the laws of 1984 and paragraph (a) as amended by chapter 442 of the laws of 2006, is amended to read as follows:
An employer shall not take any retaliatory personnel action against an employee, whether or not within the scope of the employee's job duties, because such employee does any of the following:
(a) discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer [that] which the employee reasonably believes is in violation of law, rule or regulation [which violation creates and presents] or which the employee reasonably believes poses a substantial and specific danger to the public health or safety, or which constitutes health care fraud;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00918-03-9
A. 5631--A 2
§ 3. Paragraph (c) of subdivision 4 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows:
(c) It shall be a defense to any action brought pursuant to this section that the personnel action was predicated upon grounds other than the employee's exercise of any rights protected by this section. [It shall also be a defense that the individual was an independent contractor.]
§ 4. Paragraphs (b), (d) and (e) of subdivision 5 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, are amended to read as follows:
(b) the reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position, or front pay in lieu thereof;
(d) the compensation for lost wages, benefits and other remuneration; [and]
(e) the payment by the employer of reasonable costs, disbursements, and attorney's fees; and
(f) the payment by the employer of punitive damages, if the violation was willful, malicious or wanton.
§ 5. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made by the commissioner of labor of the state of New York on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.