2023 New York Laws › LAB - Labor › Article 20-C - Retaliatory Action by Employers › 740 - Retaliatory Action by Employers; Prohibition.

§  740.  Retaliatory action by employers; prohibition. 1. Definitions.
For purposes of this section, unless the context specifically  indicates
otherwise:
(a) "Employee" means an individual who performs services for and under
the   control   and   direction  of  an  employer  for  wages  or  other
remuneration, including former employees, or natural persons employed as
independent  contractors  to  carry  out  work  in  furtherance  of   an
employer's business enterprise who are not themselves employers.
(b)  "Employer"  means  any  person,  firm,  partnership, institution,
corporation, or association that employs one or more employees.
(c) "Law, rule or regulation" includes: (i) any duly enacted  federal,
state or local statute or ordinance or executive order; (ii) any rule or
regulation   promulgated  pursuant  to  such  statute  or  ordinance  or
executive order; or  (iii)  any  judicial  or  administrative  decision,
ruling or order.
(d) "Public body" includes the following:
(i)  the United States Congress, any state legislature, or any elected
local governmental body, or any member or employee thereof;
(ii) any federal, state, or local court, or  any  member  or  employee
thereof, or any grand or petit jury;
(iii)  any  federal,  state,  or  local regulatory, administrative, or
public agency or authority, or instrumentality thereof;
(iv)  any  federal,  state,   or   local   law   enforcement   agency,
prosecutorial office, or police or peace officer;
(v)  any  federal, state or local department of an executive branch of
government; or
(vi) any division, board, bureau, office, committee, or commission  of
any  of  the public bodies described in subparagraphs (i) through (v) of
this paragraph.
(e) "Retaliatory action" means an adverse action taken by an  employer
or  his  or  her agent to discharge, threaten, penalize, or in any other
manner discriminate against any employee or former  employee  exercising
his  or  her rights under this section, including (i) adverse employment
actions or threats to take such adverse employment  actions  against  an
employee  in  the  terms  of  conditions of employment including but not
limited to discharge, suspension, or demotion; (ii) actions  or  threats
to  take  such  actions  that would adversely impact a former employee's
current or  future  employment;  or  (iii)  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.
(f)   "Supervisor"   means   any   individual   within  an  employer's
organization who has the  authority  to  direct  and  control  the  work
performance of the affected employee; or who has managerial authority to
take  corrective  action  regarding  the  violation  of the law, rule or
regulation of which the employee complains.
2. Prohibitions. An employer shall not  take  any  retaliatory  action
against  an  employee, whether or not within the scope of the employee's
job duties, because such employee does any of the following:
(a) discloses, or threatens to disclose to a supervisor or to a public
body an activity, policy or practice of the employer that  the  employee
reasonably  believes  is in violation of law, rule or regulation or that
the employee reasonably believes poses a substantial and specific danger
to the public health or safety;
(b) provides information to, or  testifies  before,  any  public  body
conducting  an investigation, hearing or inquiry into any such activity,
policy or practice by such employer; or
(c) objects to, or refuses to participate in any such activity, policy
or practice.
3.  Application. The protection against retaliatory action provided by
paragraph  (a)  of  subdivision  two  of  this  section  pertaining   to
disclosure  to  a  public  body shall not apply to an employee who makes
such disclosure to a public body unless the employee  has  made  a  good
faith  effort  to  notify  his or her employer by bringing the activity,
policy or practice to the attention of a supervisor of the employer  and
has  afforded  such  employer  a  reasonable opportunity to correct such
activity, policy or practice. Such employer notification  shall  not  be
required  where:  (a)  there  is  an  imminent and serious danger to the
public health or safety;  (b)  the  employee  reasonably  believes  that
reporting to the supervisor would result in a destruction of evidence or
other  concealment  of  the  activity,  policy  or  practice;  (c)  such
activity, policy or practice could reasonably be  expected  to  lead  to
endangering the welfare of a minor; (d) the employee reasonably believes
that  reporting  to  the supervisor would result in physical harm to the
employee or any other person; or (e) the  employee  reasonably  believes
that the supervisor is already aware of the activity, policy or practice
and will not correct such activity, policy or practice.
4.  Violation;  remedy.  (a) An employee who has been the subject of a
retaliatory action in violation of this section may  institute  a  civil
action  in  a court of competent jurisdiction for relief as set forth in
subdivision five of this section within  two  years  after  the  alleged
retaliatory action was taken.
(b) Any action authorized by this section may be brought in the county
in which the alleged retaliatory action occurred, in the county in which
the  complainant resides, or in the county in which the employer has its
principal place of business. In any such action, the  parties  shall  be
entitled to a jury trial.
(c)  It  shall  be  a  defense  to any action brought pursuant to this
section that the retaliatory action was predicated  upon  grounds  other
than the employee's exercise of any rights protected by this section.
5.  Relief. In any action brought pursuant to subdivision four of this
section, the court may order relief as follows:
(a) an injunction to restrain continued violation of this section;
(b) the reinstatement of the employee to the same position held before
the retaliatory action, or to an equivalent position, or  front  pay  in
lieu thereof;
(c) the reinstatement of full fringe benefits and seniority rights;
(d) the compensation for lost wages, benefits and other remuneration;
(e)  the  payment  by the employer of reasonable costs, disbursements,
and attorney's fees;
(f) a civil penalty of an amount not to exceed ten  thousand  dollars;
and/or
(g)  the payment by the employer of punitive damages, if the violation
was willful, malicious or wanton.
6. Employer relief. A court, in its discretion, may  also  order  that
reasonable  attorneys' fees and court costs and disbursements be awarded
to an employer if the court determines that  an  action  brought  by  an
employee under this section was without basis in law or in fact.
7.  Existing  rights.  Nothing  in  this  section  shall  be deemed to
diminish the rights, privileges, or remedies of any employee  under  any
other  law or regulation or under any collective bargaining agreement or
employment contract.
8.  Publication.  Every  employer  shall  inform  employees  of  their
protections,  rights  and  obligations  under this section, by posting a
notice thereof. Such notices shall be  posted  conspicuously  in  easily
accessible  and  well-lighted places customarily frequented by employees
and applicants for employment.