N.Y. Labor Law § 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.