What's happening
This bill expands protections against employer retaliation to include complaints about unpaid wages and adds new employer penalties.
Why it matters
Expands retaliation protections. to workers who complain internally about unpaid wages, not just those who report legal violations to outside authorities—making it safer for employees to raise pay issues with their bosses.
Covers workers planning to file lawsuits. about employer violations, meaning employers can't punish employees for merely considering legal action, which may encourage more workers to pursue their rights.
Establishes mandatory employer fines. ($5,000–$10,000 per violation) in addition to legal fees and costs, creating a stronger financial deterrent against retaliatory behavior and potentially encouraging better compliance with wage laws.
Strengthens enforcement tools. for workers and their advocates by making penalties automatic and not solely dependent on proving damages, shifting more leverage toward employees in disputes with employers.
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Who cares
Headline styles
Protect Workers from Retaliation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2134
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to retaliatory personnel action by employers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 2 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended and two new paragraphs (d) and (e) are added to read as follows:
(c) objects to, or refuses to participate in any such activity, policy or practice in violation of a law, rule or regulation[.]; or
(d) complains to the employer or supervisor that wages have not been paid according to the terms and conditions of employment; or
(e) institutes or plans on instituting a civil action as set forth in subdivision four of this section.
§ 2. Paragraph (e) of subdivision 5 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows:
(e) the payment by the employer of reasonable costs, disbursements, [and] attorney's fees and a fine of not less than five thousand dollars nor more than ten thousand dollars.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08143-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to retaliatory personnel action by employers
Purpose
To protect employees from retaliatory actions by their employers.
Summary of provisions
Section 1 amends paragraph (c) of subdivision 2 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, and adds two new paragraphs (d) and (e) providing an employer shall not take any retali- atory personnel action against an employee because such employee complains to the employer or supervisor that wages have not been paid according to the terms and conditions of employment, or institutes or plans on instituting a civil action for relief from retaliatory person- nel action.
Section 2 amends paragraph (e) of subdivision 5 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, providing in a civil action for relief from retaliatory personnel action, the court may impose a fine against the employer of not less than $5,000 nor more than $10,000.
Section 3 provides the act shall take effect immediately.
Existing law
Employers are prohibited from taking retaliatory personnel action against employees who make certain disclosures or refuse to participate in activities that violate a law, rule or regulation. Courts may impose on employers reasonable costs, disbursements and attorney's fees in civil actions by employees.
Justification
Employees should not fear retaliation when they speak up about unpaid wages, nor should they feel intimidated to pursue legal recourse if necessary. Employers should be held accountable for unjust retaliatory personnel action.
Legislative history
03/29/16 Referred to Labor
Fiscal implications
Undetermined
Local fiscal implications
Undetermined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.