July 20, 2020

New York-New Jersey Port Authority held subject to New York State's laws involving health and safety


The New York-New Jersey Port Authority's [Authority] appealed Supreme Court's rejection of its argument that, as a bistate entity created by a federally approved compact, it cannot be held liable under New York State's Whistleblower Laws, Labor Law §§215 and 740. 

Citing Agesen v Catherwood, 26 NY2d 521, the Appellate Division affirmed the Supreme Court's ruling that the Authority is "subject to New York's laws involving health and safety, insofar as its activities may externally affect the public."

The court explained that the "express purpose of Labor Law §740 is to protect public health and safety" and as it stated in Rosario v Port Auth. of N.Y. and N.J., 179 AD3d 516, "[t]he Compact Clause of the United Stated Constitution is not implicated by the application of such New York workplace safety statutes to [a] Port Authority work site located in New York."

The decision is posted on the Internet at:

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