N.Y. Labor Law § 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.