2023 New York Laws › LAB - Labor › Article 28 - Toxic Substances › 880 - Employees' Rights.

§  880.  Employees'  rights. 1. Employees or their representatives may
  request in writing from employers  and  shall  receive  all  information
  relating  to  toxic substances set forth in subdivision three of section
  eight hundred seventy-eight of this article.
2. If an employee has requested information about a substance pursuant
  to subdivision seven  of  section  eight  hundred  seventy-six  of  this
  article,  and  has  not  received  information  within  the time allowed
  therein, the employee may not be required to work with such substance.
3. No  employer  shall  discharge,  or  cause  to  be  discharged,  or
  otherwise discipline, or in any manner discriminate against any employee
  because  such  employee  has  filed  any complaint or has instituted, or
  caused to  be  instituted,  any  proceeding  under  or  related  to  the
  provisions of this article, or has testified, or is about to testify, in
  any  such  proceeding,  or because of the exercise of any right afforded
  pursuant to the provisions of this article on such employee's behalf  or
  on  the  behalf  of  others,  nor shall any pay, position, seniority, or
  other benefits be lost for  exercise  of  any  right  provided  by  this
  article.
4.  Any  employee  who  believes  that  he or she has been discharged,
  disciplined,  or  otherwise  discriminated  against  by  any  person  in
  violation  of  this section may, within thirty days after such violation
  occurs or thirty days after the employee first obtains knowledge that  a
  violation  did  occur, file a complaint with the industrial commissioner
  alleging such  discrimination.  Upon  receipt  of  such  complaint,  the
  industrial  commissioner shall cause such investigation to be made as he
  deems  appropriate.  If  upon   such   investigation,   the   industrial
  commissioner  determines  that  the provisions of this section have been
  violated, he shall request the attorney general to bring  an  action  in
  supreme court against the person or persons alleged to have violated the
  provisions  of  this section. In any such action the supreme court shall
  have jurisdiction to restrain violations of this section  and  to  order
  all  appropriate relief, including but not limited to civil penalties as
  set forth in section eight hundred eighty-two of this  article,  hiring,
  rehiring  or  reinstatement  of the employee in employment together with
  the payment of any compensation otherwise actually lost as a  result  of
  such violation.
5.  Within  ninety days of the receipt of a complaint filed under this
  section the industrial commissioner shall notify the complainant and his
  representative by registered mail of his determination.
6. Any waiver by an  employee  or  applicant  for  employment  of  the
  benefits  or requirements of this article shall be against public policy
  and be null and void.
7. Any employer's request or requirement that an  employee  waive  any
  rights  under this article as a condition of employment shall constitute
  an act of discrimination.