NY Lab L § 215 (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 215 - Penalties and Civil Action; Prohibited Retaliation.

§  215.  Penalties and civil action; prohibited retaliation. 1. (a) No employer  or  his  or  her  agent,  or  the  officer  or  agent  of  any corporation,  partnership,  or  limited  liability company, or any other person, shall discharge, threaten, penalize,  or  in  any  other  manner discriminate or retaliate against any employee (i) because such employee has  made  a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general or  any other  person,  that  the  employer  has  engaged  in  conduct  that the employee, reasonably and in good faith, believes violates any  provision of  this  chapter,  or any order issued by the commissioner (ii) because such employer or person believes that such employee has made a complaint to his or her employer, or to the commissioner or his or her  authorized representative,  or to the attorney general, or to any other person that the employer has violated any provision of this chapter,  or  any  order issued  by the commissioner (iii) because such employee has caused to be instituted or is about to institute a proceeding  under  or  related  to this  chapter, or (iv) because such employee has provided information to the commissioner or his or her authorized representative or the attorney general, or (v) because such employee  has  testified  or  is  about  to testify  in  an  investigation or proceeding under this chapter, or (vi) because such employee has otherwise  exercised  rights  protected  under this  chapter,  or  (vii)  because  the employer has received an adverse determination from the commissioner involving the employee.   An employee complaint or other communication need  not  make  explicit reference  to  any  section  or provision of this chapter to trigger the protections of this section.   As used in this section, to threaten, penalize, or in any other manner discriminate or retaliate against any employee includes  threatening  to contact or contacting United States immigration authorities or otherwise reporting  or  threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of an employee's family or household member, as defined  in  subdivision two  of section four hundred fifty-nine-a of the social services law, to a federal, state or local agency.  (b) If after investigation the commissioner finds that an employer  or person has violated any provision of this section, the commissioner may, by  an  order  which  shall  describe  particularly  the  nature  of the violation, assess the employer or person a civil  penalty  of  not  less than  one thousand nor more than ten thousand dollars provided, however, that if the commissioner  finds  that  the  employer  has  violated  the provisions  of  this  section  in the preceding six years, he or she may assess a civil penalty of not less  than  one  thousand  nor  more  than twenty thousand dollars. The commissioner may also order all appropriate relief  including  enjoining  the  conduct  of  any  person or employer; ordering payment of liquidated damages to the employee by the person  or entity  in violation; and, where the person or entity in violation is an employer ordering rehiring or reinstatement of the employee  to  his  or her  former  position  or  an  equivalent position, and an award of lost compensation or an award of front pay in lieu of  reinstatement  and  an award of lost compensation. Liquidated damages shall be calculated as an amount  not  more  than  twenty  thousand  dollars. The commissioner may assess liquidated damages on behalf of every  employee  aggrieved  under this  section,  in  addition  to  any  other  remedies permitted by this section.  (c) This section shall not apply to employees  of  the  state  or  any municipal subdivisions or departments thereof.   2.  (a)  An  employee may bring a civil action in a court of competent jurisdiction against any employer or persons alleged  to  have  violated  the  provisions  of  this  section. The court shall have jurisdiction to restrain violations  of  this  section,  within  two  years  after  such violation, regardless of the dates of employment of the employee, and to order  all  appropriate  relief,  including enjoining the conduct of any person or employer; ordering payment of liquidated  damages,  costs  and reasonable  attorneys'  fees  to the employee by the person or entity in violation; and, where the person or entity in violation is an  employer, ordering  rehiring or reinstatement of the employee to his or her former position with restoration of seniority or an award of front pay in  lieu of  reinstatement,  and an award of lost compensation and damages, costs and reasonable attorneys' fees. Liquidated damages shall  be  calculated as  an  amount  not  more  than twenty thousand dollars. The court shall award liquidated damages to every employee aggrieved under this section, in addition to any other remedies permitted by this section. The statute of limitations shall be  tolled  from  the  date  an  employee  files  a complaint  with  the  commissioner  or  the  commissioner  commences  an investigation, whichever is earlier, until an order to comply issued  by the commissioner becomes final, or where the commissioner does not issue an  order,  until  the  date  on  which  the  commissioner  notifies the complainant that the investigation has concluded. Investigation  by  the commissioner  shall  not be a prerequisite to nor a bar against a person bringing a civil action under this section.  (b) At or before the commencement of any action  under  this  section, notice  thereof  shall  be  served  upon  the  attorney  general  by the employee.   3. Any employer or his or her agent, or the officer or  agent  of  any corporation,  partnership,  or  limited  liability company, or any other person who violates subdivision one of this section shall be guilty of a class B misdemeanor.