2023 New York Laws › LAB - Labor › Article 20-C - Retaliatory Action by Employers › 741 - Prohibition; Health Care Employer Who Penalizes Employees Because of Complaints of Employer Violations.

§  741.  Prohibition;  health  care  employer  who penalizes employees
because of complaints of employer violations. 1. Definitions. As used in
this section, the following terms shall have the following meanings:
(a) "Employee" means any person who performs health care services  for
and  under  the  control and direction of any public or private employer
which provides health care services for wages or other remuneration.
(b) "Employer" means any partnership,  association,  corporation,  the
state,  or  any  political  subdivision of the state which: (i) provides
health  care  services  in  a  facility  licensed  pursuant  to  article
twenty-eight  or  thirty-six  of  the  public  health law; (ii) provides
health care services within a primary or  secondary  public  or  private
school  or  public  or  private  university  setting; (iii) operates and
provides health care services  under  the  mental  hygiene  law  or  the
correction  law;  or (iv) is registered with the department of education
pursuant to section sixty-eight hundred eight of the education law.
(c)  "Agent"   means   any   individual,   partnership,   association,
corporation, or group of persons acting on behalf of an employer.
(d)  "Improper quality of patient care" means, with respect to patient
care, any practice, procedure, action or failure to act of  an  employer
which  violates  any law, rule, regulation or declaratory ruling adopted
pursuant to law, where such  violation  relates  to  matters  which  may
present  a substantial and specific danger to public health or safety or
a significant threat to the health of a specific patient.
(e) "Improper quality of workplace  safety"  means,  with  respect  to
employees,  any  practice,  procedure,  action  or  failure to act of an
employer which violates any law, rule, regulation, or declaratory ruling
adopted pursuant to law where such violation relates  to  matters  which
may  present  an unsafe workplace environment or risk of employee safety
or a significant threat to the health of a specific employee.
(f) "Public body" means:
(1) the United States Congress, any state legislature, or any  elected
local governmental body, or any member or employee thereof;
(2)  any  federal,  state  or  local  court, or any member or employee
thereof, any grand or petit jury;
(3) any federal, state or local regulatory, administrative  or  public
agency or authority, or instrumentality thereof;
(4)  any federal, state or local law enforcement agency, prosecutorial
office, or police or peace officer;
(5) any federal, state or local department of an executive  branch  of
government; or
(6)  any  division,  board, bureau, office, committee or commission of
any of the public bodies described in subparagraph one, two, three, four
or five of this paragraph.
(g) "Retaliatory action" means the  discharge,  suspension,  demotion,
penalization  or  discrimination  against  an employee, or other adverse
employment action taken against an employee in the terms and  conditions
of employment.
(h)  "Supervisor"  means  any person within an employer's organization
who has the authority to direct and control the work performance  of  an
employee,  or  who has the authority to take corrective action regarding
the violation of a law, rule or regulation to which an employee  submits
a complaint.
2.  Retaliatory action prohibited. Notwithstanding any other provision
of law, no employer shall take retaliatory action against  any  employee
because the employee does any of the following:
(a)  discloses  or  threatens to disclose to a supervisor, to a public
body, to a news media outlet, or to a social media  forum  available  to
the  public at large, an activity, policy or practice of the employer or

agent that the employee, in good faith, reasonably believes  constitutes
improper  quality  of  patient  care  or  improper  quality of workplace
safety; or
(b)  objects  to, or refuses to participate in any activity, policy or
practice of the employer or agent that  the  employee,  in  good  faith,
reasonably  believes  constitutes  improper  quality  of patient care or
improper quality of workplace safety.
3. Application. The protection against  retaliatory  personnel  action
provided  by  subdivision two of this section shall not apply unless the
employee has brought the improper quality of patient  care  or  improper
quality  of  workplace  safety  to the attention of a supervisor and has
afforded the employer a reasonable opportunity to correct such activity,
policy or practice. This subdivision shall not apply  to  an  action  or
failure  to  act  described  in paragraph (a) of subdivision two of this
section where the improper quality of patient care or  improper  quality
of  workplace  safety  described  therein presents an imminent threat to
public health or safety or to  the  health  of  a  specific  patient  or
specific  health  care  employee and the employee reasonably believes in
good faith that reporting to a supervisor would not result in corrective
action.
4. Enforcement. A health care employee may seek  enforcement  of  this
section  pursuant to subdivisions four and five of section seven hundred
forty of this article.
5. Relief. In any court action brought pursuant  to  this  section  it
shall be a defense that the personnel action was predicated upon grounds
other  than  the  employee's  exercise  of  any rights protected by this
section.
6.  Publication.  Every  employer  shall  inform  employees  of  their
protections,  rights  and  obligations  under  this section by posting a
notice thereof. Such notices shall be  posted  conspicuously  in  easily
accessible  and  well-lighted places customarily frequented by employees
and applicants for employment.