State Codes and Statutes

Statutes > New-york > Lab > Article-20-c > 740

§  740.  Retaliatory  personnel  action  by employers; prohibition. 1.  Definitions.  For  purposes  of  this  section,   unless   the   context  specifically indicates otherwise:    (a) "Employee" means an individual who performs services for and under  the   control   and   direction  of  an  employer  for  wages  or  other  remuneration.    (b) "Employer"  means  any  person,  firm,  partnership,  institution,  corporation, or association that employs one or more employees.    (c)  "Law,  rule  or  regulation" includes any duly enacted statute or  ordinance or any rule or regulation promulgated pursuant to any federal,  state or local statute or ordinance.    (d) "Public body" includes the following:    (i)  the  United  States  Congress,  any  state  legislature,  or  any  popularly-elected  local  governmental  body,  or any member or employee  thereof;    (ii) any federal, state, or local judiciary, or any member or employee  thereof, or any grand or petit jury;    (iii) any federal, state,  or  local  regulatory,  administrative,  or  public agency or authority, or instrumentality thereof; or    (iv)   any   federal,   state,   or   local  law  enforcement  agency,  prosecutorial office, or police or peace officer.    (e) "Retaliatory personnel action" means the discharge, suspension  or  demotion  of  an  employee,  or  other  adverse  employment action taken  against an employee in the terms and conditions of employment.    (f)  "Supervisor"  means   any   individual   within   an   employer's  organization  who  has  the  authority  to  direct  and control the work  performance of the affected employee; or who has managerial authority to  take corrective action regarding the  violation  of  the  law,  rule  or  regulation of which the employee complains.    (g)  "Health care fraud" means health care fraud as defined by article  one hundred seventy-seven of the penal law.    2. Prohibitions. An employer shall not take any retaliatory  personnel  action  against  an  employee  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  is  in  violation  of  law,  rule  or  regulation  which  violation  creates and  presents a substantial and specific  danger  to  the  public  health  or  safety, or which constitutes health care fraud;    (b)  provides  information  to,  or  testifies before, any public body  conducting an investigation, hearing or inquiry into any such  violation  of a law, rule or regulation by such employer; or    (c) objects to, or refuses to participate in any such activity, policy  or practice in violation of a law, rule or regulation.    3.  Application.  The  protection against retaliatory personnel action  provided by paragraph (a) of subdivision two of this section  pertaining  to  disclosure to a public body shall not apply to an employee who makes  such disclosure to a public body unless the  employee  has  brought  the  activity,  policy or practice in violation of law, rule or regulation to  the attention of a supervisor of the  employer  and  has  afforded  such  employer  a  reasonable  opportunity to correct such activity, policy or  practice.    4. Violation; remedy. (a) An employee who has been the  subject  of  a  retaliatory  personnel action in violation of this section may institute  a civil action in a court of competent jurisdiction for  relief  as  set  forth  in  subdivision  five  of  this section within one year after the  alleged retaliatory personnel action was taken.(b) Any action authorized by this section may be brought in the county  in which the alleged  retaliatory  personnel  action  occurred,  in  the  county  in  which the complainant resides, or in the county in which the  employer has its principal place of business.    (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.    (d) Notwithstanding the provisions of paragraphs (a) and (c)  of  this  subdivision,  a  health  care  employee  who  has  been the subject of a  retaliatory action by a health care employer  in  violation  of  section  seven  hundred forty-one of this article may institute a civil action in  a court of competent jurisdiction for relief as set forth in subdivision  five of this section within two  years  after  the  alleged  retaliatory  personnel  action was taken. In addition to the relief set forth in that  subdivision, the court, in its discretion, based upon a finding that the  employer acted in bad faith in the retaliatory action,  may  assess  the  employer  a  civil  penalty  of  an  amount  not  to exceed ten thousand  dollars, to be paid to the  improving  quality  of  patient  care  fund,  established  pursuant  to section ninety-seven-aaaa of the state finance  law.    5. Relief. In any action brought pursuant to subdivision four of  this  section, the court may order relief as follows:    (a) an injunction to restrain continued violation of this section;    (b) the reinstatement of the employee to the same position held before  the retaliatory personnel action, or to an equivalent position;    (c) the reinstatement of full fringe benefits and seniority rights;    (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.    6.  Employer  relief.  A court, in its discretion, may also order that  reasonable attorneys' fees and court costs and disbursements be  awarded  to  an  employer  if  the  court determines that an action brought by an  employee under this section was without basis in law or in fact.    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.

State Codes and Statutes

Statutes > New-york > Lab > Article-20-c > 740

§  740.  Retaliatory  personnel  action  by employers; prohibition. 1.  Definitions.  For  purposes  of  this  section,   unless   the   context  specifically indicates otherwise:    (a) "Employee" means an individual who performs services for and under  the   control   and   direction  of  an  employer  for  wages  or  other  remuneration.    (b) "Employer"  means  any  person,  firm,  partnership,  institution,  corporation, or association that employs one or more employees.    (c)  "Law,  rule  or  regulation" includes any duly enacted statute or  ordinance or any rule or regulation promulgated pursuant to any federal,  state or local statute or ordinance.    (d) "Public body" includes the following:    (i)  the  United  States  Congress,  any  state  legislature,  or  any  popularly-elected  local  governmental  body,  or any member or employee  thereof;    (ii) any federal, state, or local judiciary, or any member or employee  thereof, or any grand or petit jury;    (iii) any federal, state,  or  local  regulatory,  administrative,  or  public agency or authority, or instrumentality thereof; or    (iv)   any   federal,   state,   or   local  law  enforcement  agency,  prosecutorial office, or police or peace officer.    (e) "Retaliatory personnel action" means the discharge, suspension  or  demotion  of  an  employee,  or  other  adverse  employment action taken  against an employee in the terms and conditions of employment.    (f)  "Supervisor"  means   any   individual   within   an   employer's  organization  who  has  the  authority  to  direct  and control the work  performance of the affected employee; or who has managerial authority to  take corrective action regarding the  violation  of  the  law,  rule  or  regulation of which the employee complains.    (g)  "Health care fraud" means health care fraud as defined by article  one hundred seventy-seven of the penal law.    2. Prohibitions. An employer shall not take any retaliatory  personnel  action  against  an  employee  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  is  in  violation  of  law,  rule  or  regulation  which  violation  creates and  presents a substantial and specific  danger  to  the  public  health  or  safety, or which constitutes health care fraud;    (b)  provides  information  to,  or  testifies before, any public body  conducting an investigation, hearing or inquiry into any such  violation  of a law, rule or regulation by such employer; or    (c) objects to, or refuses to participate in any such activity, policy  or practice in violation of a law, rule or regulation.    3.  Application.  The  protection against retaliatory personnel action  provided by paragraph (a) of subdivision two of this section  pertaining  to  disclosure to a public body shall not apply to an employee who makes  such disclosure to a public body unless the  employee  has  brought  the  activity,  policy or practice in violation of law, rule or regulation to  the attention of a supervisor of the  employer  and  has  afforded  such  employer  a  reasonable  opportunity to correct such activity, policy or  practice.    4. Violation; remedy. (a) An employee who has been the  subject  of  a  retaliatory  personnel action in violation of this section may institute  a civil action in a court of competent jurisdiction for  relief  as  set  forth  in  subdivision  five  of  this section within one year after the  alleged retaliatory personnel action was taken.(b) Any action authorized by this section may be brought in the county  in which the alleged  retaliatory  personnel  action  occurred,  in  the  county  in  which the complainant resides, or in the county in which the  employer has its principal place of business.    (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.    (d) Notwithstanding the provisions of paragraphs (a) and (c)  of  this  subdivision,  a  health  care  employee  who  has  been the subject of a  retaliatory action by a health care employer  in  violation  of  section  seven  hundred forty-one of this article may institute a civil action in  a court of competent jurisdiction for relief as set forth in subdivision  five of this section within two  years  after  the  alleged  retaliatory  personnel  action was taken. In addition to the relief set forth in that  subdivision, the court, in its discretion, based upon a finding that the  employer acted in bad faith in the retaliatory action,  may  assess  the  employer  a  civil  penalty  of  an  amount  not  to exceed ten thousand  dollars, to be paid to the  improving  quality  of  patient  care  fund,  established  pursuant  to section ninety-seven-aaaa of the state finance  law.    5. Relief. In any action brought pursuant to subdivision four of  this  section, the court may order relief as follows:    (a) an injunction to restrain continued violation of this section;    (b) the reinstatement of the employee to the same position held before  the retaliatory personnel action, or to an equivalent position;    (c) the reinstatement of full fringe benefits and seniority rights;    (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.    6.  Employer  relief.  A court, in its discretion, may also order that  reasonable attorneys' fees and court costs and disbursements be  awarded  to  an  employer  if  the  court determines that an action brought by an  employee under this section was without basis in law or in fact.    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lab > Article-20-c > 740

§  740.  Retaliatory  personnel  action  by employers; prohibition. 1.  Definitions.  For  purposes  of  this  section,   unless   the   context  specifically indicates otherwise:    (a) "Employee" means an individual who performs services for and under  the   control   and   direction  of  an  employer  for  wages  or  other  remuneration.    (b) "Employer"  means  any  person,  firm,  partnership,  institution,  corporation, or association that employs one or more employees.    (c)  "Law,  rule  or  regulation" includes any duly enacted statute or  ordinance or any rule or regulation promulgated pursuant to any federal,  state or local statute or ordinance.    (d) "Public body" includes the following:    (i)  the  United  States  Congress,  any  state  legislature,  or  any  popularly-elected  local  governmental  body,  or any member or employee  thereof;    (ii) any federal, state, or local judiciary, or any member or employee  thereof, or any grand or petit jury;    (iii) any federal, state,  or  local  regulatory,  administrative,  or  public agency or authority, or instrumentality thereof; or    (iv)   any   federal,   state,   or   local  law  enforcement  agency,  prosecutorial office, or police or peace officer.    (e) "Retaliatory personnel action" means the discharge, suspension  or  demotion  of  an  employee,  or  other  adverse  employment action taken  against an employee in the terms and conditions of employment.    (f)  "Supervisor"  means   any   individual   within   an   employer's  organization  who  has  the  authority  to  direct  and control the work  performance of the affected employee; or who has managerial authority to  take corrective action regarding the  violation  of  the  law,  rule  or  regulation of which the employee complains.    (g)  "Health care fraud" means health care fraud as defined by article  one hundred seventy-seven of the penal law.    2. Prohibitions. An employer shall not take any retaliatory  personnel  action  against  an  employee  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  is  in  violation  of  law,  rule  or  regulation  which  violation  creates and  presents a substantial and specific  danger  to  the  public  health  or  safety, or which constitutes health care fraud;    (b)  provides  information  to,  or  testifies before, any public body  conducting an investigation, hearing or inquiry into any such  violation  of a law, rule or regulation by such employer; or    (c) objects to, or refuses to participate in any such activity, policy  or practice in violation of a law, rule or regulation.    3.  Application.  The  protection against retaliatory personnel action  provided by paragraph (a) of subdivision two of this section  pertaining  to  disclosure to a public body shall not apply to an employee who makes  such disclosure to a public body unless the  employee  has  brought  the  activity,  policy or practice in violation of law, rule or regulation to  the attention of a supervisor of the  employer  and  has  afforded  such  employer  a  reasonable  opportunity to correct such activity, policy or  practice.    4. Violation; remedy. (a) An employee who has been the  subject  of  a  retaliatory  personnel action in violation of this section may institute  a civil action in a court of competent jurisdiction for  relief  as  set  forth  in  subdivision  five  of  this section within one year after the  alleged retaliatory personnel action was taken.(b) Any action authorized by this section may be brought in the county  in which the alleged  retaliatory  personnel  action  occurred,  in  the  county  in  which the complainant resides, or in the county in which the  employer has its principal place of business.    (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.    (d) Notwithstanding the provisions of paragraphs (a) and (c)  of  this  subdivision,  a  health  care  employee  who  has  been the subject of a  retaliatory action by a health care employer  in  violation  of  section  seven  hundred forty-one of this article may institute a civil action in  a court of competent jurisdiction for relief as set forth in subdivision  five of this section within two  years  after  the  alleged  retaliatory  personnel  action was taken. In addition to the relief set forth in that  subdivision, the court, in its discretion, based upon a finding that the  employer acted in bad faith in the retaliatory action,  may  assess  the  employer  a  civil  penalty  of  an  amount  not  to exceed ten thousand  dollars, to be paid to the  improving  quality  of  patient  care  fund,  established  pursuant  to section ninety-seven-aaaa of the state finance  law.    5. Relief. In any action brought pursuant to subdivision four of  this  section, the court may order relief as follows:    (a) an injunction to restrain continued violation of this section;    (b) the reinstatement of the employee to the same position held before  the retaliatory personnel action, or to an equivalent position;    (c) the reinstatement of full fringe benefits and seniority rights;    (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.    6.  Employer  relief.  A court, in its discretion, may also order that  reasonable attorneys' fees and court costs and disbursements be  awarded  to  an  employer  if  the  court determines that an action brought by an  employee under this section was without basis in law or in fact.    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.