Reddington v. Staten Island University Hospital

In Reddington v. Staten Island University Hospital (11 NY3d 80 [2008]) the Court of Appeals stated that: "Labor Law 741 ... has an exactingly specific definition of employee': 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. This definition of employee contains two limitations: first, it applies only to those employed by employer[s] provid[ing] health care services, and second, the category of covered workers is further narrowed to those perform[ing] health care services." Id. at 90. "An employee of a health care provider must perform health care services, which means to actually supply health care services, not merely to coordinate with those who do." Id. at 91. "This is not to say that section 741 only covers employees who possess professional licenses; there may be cases where an employee without a professional license performs health care services in the employment of a health care provider. Nonetheless, section 741, which offers exceptional and specialized whistleblower protection over and above the generalized protection afforded by section 740, is meant to safeguard only those employees who are qualified by virtue of training and/or experience to make knowledgeable judgments as to the quality of patient care, and whose jobs require them to make these judgments." Id. at 92-93.