Prohibits retaliatory actions by employers against employees for disclosure of activity which violates a company internal control implemented to prevent fraud or which the employee believes to be fraudulent; makes amendment to whistleblower statute in 2021 retroactive to 2018.
Summary
Bill S00502 amends New York's labor law to strengthen protections for whistleblowers by prohibiting retaliatory actions by employers against employees who disclose or threaten to disclose activities that violate laws or pose a danger to public health or safety. The bill expands the definition of protected disclosures to include violations of a company's internal controls aimed at preventing fraud, thereby enhancing the legal protections available to employees who report such issues. Additionally, the bill retroactively applies these protections to January 1, 2018, ensuring that employees who reported violations prior to the bill's enactment are also covered under these provisions.
Impact
The bill's passage would reinforce existing whistleblower protections under New York labor law, specifically by expanding the scope of what constitutes retaliatory actions and the types of disclosures that are protected. This could lead to increased reporting of fraudulent activities within companies, as employees may feel more secure in their ability to report wrongdoing without fear of retaliation. The retroactive application of the law may also open up avenues for previously dismissed claims from employees who reported issues since 2018.
Sentiment
The sentiment surrounding Bill S00502 appears to be generally supportive, particularly among advocates for employee rights and transparency in corporate practices. However, there may be concerns from some employer groups about the potential for increased litigation and the implications of the retroactive enforcement of the law.
Contention
Notable points of contention may arise from employer representatives who argue that the expanded definition of protected disclosures could lead to frivolous claims and discourage legitimate business practices. Conversely, employee advocates emphasize the importance of protecting whistleblowers to ensure accountability and prevent fraud within organizations.
Provides protection to employees and former employees from retaliatory actions by employers for the reporting of illegal or dangerous business activities.
Labor and Industrial Relations; retaliatory actions by certain employers against certain employees for disclosing potentially unlawful activities; prohibit
Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.
Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.
Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.