N.Y. Lab. Law § 740

§ 740. Retaliatory personnel action by employers; prohibition. 1.\nDefinitions. For purposes of this section, unless the context\nspecifically indicates otherwise:\n (a) "Employee" means an individual who performs services for and under\nthe control and direction of an employer for wages or other\nremuneration.\n (b) "Employer" means any person, firm, partnership, institution,\ncorporation, or association that employs one or more employees.\n (c) "Law, rule or regulation" includes any duly enacted statute or\nordinance or any rule or regulation promulgated pursuant to any federal,\nstate or local statute or ordinance.\n (d) "Public body" includes the following:\n (i) the United States Congress, any state legislature, or any\npopularly-elected local governmental body, or any member or employee\nthereof;\n (ii) any federal, state, or local judiciary, or any member or employee\nthereof, or any grand or petit jury;\n (iii) any federal, state, or local regulatory, administrative, or\npublic agency or authority, or instrumentality thereof; or\n (iv) any federal, state, or local law enforcement agency,\nprosecutorial office, or police or peace officer.\n (e) "Retaliatory personnel action" means the discharge, suspension or\ndemotion of an employee, or other adverse employment action taken\nagainst an employee in the terms and conditions of employment.\n (f) "Supervisor" means any individual within an employer's\norganization who has the authority to direct and control the work\nperformance of the affected employee; or who has managerial authority to\ntake corrective action regarding the violation of the law, rule or\nregulation of which the employee complains.\n (g) "Health care fraud" means health care fraud as defined by article\none hundred seventy-seven of the penal law.\n 2. Prohibitions. An employer shall not take any retaliatory personnel\naction against an employee because such employee does any of the\nfollowing:\n (a) discloses, or threatens to disclose to a supervisor or to a public\nbody an activity, policy or practice of the employer that is in\nviolation of law, rule or regulation which violation creates and\npresents a substantial and specific danger to the public health or\nsafety, or which constitutes health care fraud;\n (b) provides information to, or testifies before, any public body\nconducting an investigation, hearing or inquiry into any such violation\nof a law, rule or regulation by such employer; or\n (c) objects to, or refuses to participate in any such activity, policy\nor practice in violation of a law, rule or regulation.\n 3. Application. The protection against retaliatory personnel action\nprovided by paragraph (a) of subdivision two of this section pertaining\nto disclosure to a public body shall not apply to an employee who makes\nsuch disclosure to a public body unless the employee has brought the\nactivity, policy or practice in violation of law, rule or regulation to\nthe attention of a supervisor of the employer and has afforded such\nemployer a reasonable opportunity to correct such activity, policy or\npractice.\n 4. Violation; remedy. (a) An employee who has been the subject of a\nretaliatory personnel action in violation of this section may institute\na civil action in a court of competent jurisdiction for relief as set\nforth in subdivision five of this section within one year after the\nalleged retaliatory personnel action was taken.\n (b) Any action authorized by this section may be brought in the county\nin which the alleged retaliatory personnel action occurred, in the\ncounty in which the complainant resides, or in the county in which the\nemployer has its principal place of business.\n (c) It shall be a defense to any action brought pursuant to this\nsection that the personnel action was predicated upon grounds other than\nthe employee's exercise of any rights protected by this section. It\nshall also be a defense that the individual was an independent\ncontractor.\n (d) Notwithstanding the provisions of paragraphs (a) and (c) of this\nsubdivision, a health care employee who has been the subject of a\nretaliatory action by a health care employer in violation of section\nseven hundred forty-one of this article may institute a civil action in\na court of competent jurisdiction for relief as set forth in subdivision\nfive of this section within two years after the alleged retaliatory\npersonnel action was taken. In addition to the relief set forth in that\nsubdivision, the court, in its discretion, based upon a finding that the\nemployer acted in bad faith in the retaliatory action, may assess the\nemployer a civil penalty of an amount not to exceed ten thousand\ndollars, to be paid to the improving quality of patient care fund,\nestablished pursuant to section ninety-seven-aaaa of the state finance\nlaw.\n 5. Relief. In any action brought pursuant to subdivision four of this\nsection, the court may order relief as follows:\n (a) an injunction to restrain continued violation of this section;\n (b) the reinstatement of the employee to the same position held before\nthe retaliatory personnel action, or to an equivalent position;\n (c) the reinstatement of full fringe benefits and seniority rights;\n (d) the compensation for lost wages, benefits and other remuneration;\nand\n (e) the payment by the employer of reasonable costs, disbursements,\nand attorney's fees.\n 6. Employer relief. A court, in its discretion, may also order that\nreasonable attorneys' fees and court costs and disbursements be awarded\nto an employer if the court determines that an action brought by an\nemployee under this section was without basis in law or in fact.\n 7. Existing rights. Nothing in this section shall be deemed to\ndiminish the rights, privileges, or remedies of any employee under any\nother law or regulation or under any collective bargaining agreement or\nemployment contract; except that the institution of an action in\naccordance with this section shall be deemed a waiver of the rights and\nremedies available under any other contract, collective bargaining\nagreement, law, rule or regulation or under the common law.\n