2023 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,  or  (viii)
because such employee has used any legally protected absence pursuant to
federal, local, or state law.
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; or assessing any demerit, occurrence,
any other point, or deductions from an  allotted  bank  of  time,  which
subjects  or could subject an employee to disciplinary action, which may
include but not be limited to failure to receive a promotion or loss  of
pay.
(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.