Prohibits employers from retaliating against employees for confronting an individual to prevent a theft or the unlawful taking of goods, wares, or merchandise; does not prohibit employers from training or re-training employees on policies against confrontation of theft.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5983
SPONSOR: Fitzpatrick TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting employers from
retaliating against employees for confronting an individual to prevent a
theft or the unlawful taking of goods, wares, or merchandise
PURPOSE:
To protect employees from retaliation by an employer if an employee
confronts or attempts to confront an individual to prevent a theft.
SUMMARY OF PROVISIONS:
Amends the Labor law by adding a new section 215-d to prohibit retali-
ation by an employer against an employee who confronts an individual to
prevent a theft or the unlawful taking of goods, wares, or merchandise.
In addition, an employer may not penalize or retaliate against any
employee by reducing work hours, denying a promotion or decreasing pay.
JUSTIFICATION:
While it is important that retail stores focus on protecting their
employees or instituting policies advising employees against confronta-
tion to prevent .a theft, an employee who intervenes in such attempt
should not be penalized including termination of the job. The current
explosion in retail theft, which shows no signs of subsiding, whether it
is organized retail crime or a lone individual acting on their own
behalf, has created turmoil in the industry for both employers and
employees. The unfortunate outcome has resulted in job loss for many
employees who react to these crimes by intervening in an attempt to stop
these criminals.
Nothing in this bill is intended to encourage employee interactions with
criminals committing theft of merchandise. In fact, it is only common
sense that for stores who have security personnel, that job is best left
up to trained professionals. This bill simply states that an employee
intervening in an attempt to thwart a theft, that employee will not be
subjected to job termination.
LEGISLATIVE HISTORY:
2024: A.7976 Held for Consideration in Labor
S.7639 Referred to Rules
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
