N.Y. Labor Law § 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.