N.Y. LAB Law § 741 — New York Code / Act LAB / Article 20-C / Section 741
Prohibition; health care employer who penalizes employees because of complaints of employer violations
Status: in_force

§ 741. Prohibition; health care employer who penalizes employees\nbecause of complaints of employer violations. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n  (a) "Employee" means any person who performs health care services for\nand under the control and direction of any public or private employer\nwhich provides health care services for wages or other remuneration.\n  (b) "Employer" means any partnership, association, corporation, the\nstate, or any political subdivision of the state which: (i) provides\nhealth care services in a facility licensed pursuant to article\ntwenty-eight or thirty-six of the public health law; (ii) provides\nhealth care services within a primary or secondary public or private\nschool or public or private university setting; (iii) operates and\nprovides health care services under the mental hygiene law or the\ncorrection law; or (iv) is registered with the department of education\npursuant to section sixty-eight hundred eight of the education law.\n  (c) "Agent" means any individual, partnership, association,\ncorporation, or group of persons acting on behalf of an employer.\n  (d) "Improper quality of patient care" means, with respect to patient\ncare, any practice, procedure, action or failure to act of an employer\nwhich violates any law, rule, regulation or declaratory ruling adopted\npursuant to law, where such violation relates to matters which may\npresent a substantial and specific danger to public health or safety or\na significant threat to the health of a specific patient.\n  (e) "Improper quality of workplace safety" means, with respect to\nemployees, any practice, procedure, action or failure to act of an\nemployer which violates any law, rule, regulation, or declaratory ruling\nadopted pursuant to law where such violation relates to matters which\nmay present an unsafe workplace environment or risk of employee safety\nor a significant threat to the health of a specific employee.\n  (f) "Public body" means:\n  (1) the United States Congress, any state legislature, or any elected\nlocal governmental body, or any member or employee thereof;\n  (2) any federal, state or local court, or any member or employee\nthereof, any grand or petit jury;\n  (3) any federal, state or local regulatory, administrative or public\nagency or authority, or instrumentality thereof;\n  (4) any federal, state or local law enforcement agency, prosecutorial\noffice, or police or peace officer;\n  (5) any federal, state or local department of an executive branch of\ngovernment; or\n  (6) any division, board, bureau, office, committee or commission of\nany of the public bodies described in subparagraph one, two, three, four\nor five of this paragraph.\n  (g) "Retaliatory action" means the discharge, suspension, demotion,\npenalization or discrimination against an employee, or other adverse\nemployment action taken against an employee in the terms and conditions\nof employment.\n  (h) "Supervisor" means any person within an employer's organization\nwho has the authority to direct and control the work performance of an\nemployee, or who has the authority to take corrective action regarding\nthe violation of a law, rule or regulation to which an employee submits\na complaint.\n  2. Retaliatory action prohibited. Notwithstanding any other provision\nof law, no employer shall take retaliatory action against any employee\nbecause the employee does any of the following:\n  (a) discloses or threatens to disclose to a supervisor, to a public\nbody, to a news media outlet, or to a social media forum available to\nthe public at large, an activity, policy or practice of the employer or\nagent that the employee, in good faith, reasonably believes constitutes\nimproper quality of patient care or improper quality of workplace\nsafety; or\n  (b) objects to, or refuses to participate in any activity, policy or\npractice of the employer or agent that the employee, in good faith,\nreasonably believes constitutes improper quality of patient care or\nimproper quality of workplace safety.\n  3. Application. The protection against retaliatory personnel action\nprovided by subdivision two of this section shall not apply unless the\nemployee has brought the improper quality of patient care or improper\nquality of workplace safety to the attention of a supervisor and has\nafforded the employer a reasonable opportunity to correct such activity,\npolicy or practice. This subdivision shall not apply to an action or\nfailure to act described in paragraph (a) of subdivision two of this\nsection where the improper quality of patient care or improper quality\nof workplace safety described therein presents an imminent threat to\npublic health or safety or to the health of a specific patient or\nspecific health care employee and the employee reasonably believes in\ngood faith that reporting to a supervisor would not result in corrective\naction.\n  4. Enforcement. A health care employee may seek enforcement of this\nsection pursuant to subdivisions four and five of section seven hundred\nforty of this article.\n  5. Relief. In any court action brought pursuant to this section it\nshall be a defense that the personnel action was predicated upon grounds\nother than the employee's exercise of any rights protected by this\nsection.\n  6. Publication. Every employer shall inform employees of their\nprotections, rights and obligations under this section by posting a\nnotice thereof. Such notices shall be posted conspicuously in easily\naccessible and well-lighted places customarily frequented by employees\nand applicants for employment.\n