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: A7976
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:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7976
2023-2024 Regular Sessions
IN ASSEMBLY
August 18, 2023
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Labor
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 215-d to
2 read as follows:
3 § 215-d. Employee confrontation of theft; prohibited retaliation. 1.
4 No employer or his or her agent, or the officer or agent of any corpo-
5 ration, partnership, or limited liability company, or any other person
6 shall discharge, threaten, penalize, or in any other manner discriminate
7 or retaliate against any employee because such employee confronts or
8 attempts to confront an individual to prevent a theft or the unlawful
9 taking of goods, wares, or merchandise.
10 2. As used in this section, to threaten, penalize, or in any other
11 manner discriminate or retaliate against any employee shall include
12 reducing work hours, denying a promotion, and/or decreasing pay, but
13 shall not include training or re-training on applicable employer poli-
14 cies.
15 3. Nothing in this section shall require an employee to confront,
16 prevent, or attempt to prevent a theft or the unlawful taking of goods,
17 wares, or merchandise of an employer, nor shall this section prevent an
18 employer from instituting a policy advising employees against confront-
19 ing, preventing, or attempting to prevent a theft or the unlawful taking
20 of goods, wares, or merchandise of an employer.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11986-01-3
