What's happening
This bill removes the rule that prevented whistleblowers from pursuing other legal remedies after filing a whistleblower claim.
Why it matters
Empowers whistleblowers to pursue multiple legal avenues. By removing the waiver rule, employees who report illegal or unsafe practices can now seek remedies under whistleblower law and simultaneously pursue claims under contracts, collective bargaining agreements, or other laws, potentially increasing their leverage and protection.
Reduces risk for employees considering reporting misconduct. The change eliminates a significant disincentive that may have discouraged workers from coming forward—namely, the fear that filing a whistleblower claim would forfeit their ability to pursue other legal claims or remedies.
Could lead to more comprehensive employer accountability. With whistleblowers able to use several legal strategies in parallel, employers may face increased scrutiny and potential liability, which could incentivize better workplace practices and compliance with laws.
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Who cares
Headline styles
Protect Whistleblower Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Substituted by A375
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1112
- 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 Whistleblowers’ Legal Rights
Signed by Governor · Sponsor Phil Steck
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2736
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. SKOUFIS -- 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 eliminating a disincentive for whistleblowers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 740 of the labor law, as added by chapter 660 of the laws of 1984, is amended to read as follows:
7. Existing rights. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract[; except that the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any other contract, collective bargaining agreement, law, rule or regulation or under the common law].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03379-01-9
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 eliminating a disincentive for whistleblowers
Purpose or general idea of bill
Whistleblowers in NY are currently barred from bringing any other legal claims they may have if they choose to bring a whistleblower claim.
Summary of provisions
This bill eliminates a self-contradictory provision in Labor Law § 740 which purports not to diminish the rights of whistleblowers but then says that they cannot assert any other claims if they bring a whistle- blower claim, thus diminishing the rights of whistleblowers in compar- ison to other citizens.
Justification
The statute as currently written is contrary to the ordinary rule of law that a litigant should bring all claims in one action in one forum. Thus, by requiring a litigant not to do so, and to act against normal practice, the existing provision is a trap for the unwary. In addition, it is counter-intuitive to penalize a whistleblower who may have other causes of action, such as breach of an employment contract, by requiring the whistleblower to give up such other causes of action in order to bring a whistleblower claim. Whistleblower claims are particularly important because, by exposing problems in government and society, the need for reform is identified. Discouraging legitimate whistleblower claims is a barrier to remedying corruption.
Legislative history
Assembly
2017 - Passed Assembly 2018 - Passed Assembly
Senate:
2017 - Referred to Rules 2018 - Referred to Labor
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.