N.Y. Vehicle & Traffic Law § 375-a: Prohibition against retaliatory action

§ 375-a. Prohibition against retaliatory action. 1. Definitions. For

purposes of this section:

(a) "Employee" means an individual who is a driver or operator of a

motor vehicle which has a registered maximum gross weight of eighteen

thousand pounds or more and performs services for and under the control

and direction of an employer for wages or other remuneration.

(b) "Employer" means any registered owner of a motor vehicle which has

a registered maximum gross weight of eighteen thousand pounds or more or

any person, firm, partnership, institution, corporation, or association

that employs one or more employees as herein defined.

(c) "Retaliatory personnel action" means the discharge, suspension or

demotion of an employee, or other adverse employment action taken

against an employee in the terms and conditions of employment.

2. Prohibition. An employer shall not take any retaliatory personnel

action against an employee because the employee objected to or refused

to operate a motor vehicle which the employee reasonably believes fails

to comply with the provisions of subdivision one, insofar as such

subdivision concerns brakes and steering mechanism, paragraph (a) of

subdivision two, paragraph a of subdivision ten, subdivision eighteen,

eighteen-a, twenty-five, paragraph (c) of subdivision thirty-five,

thirty-nine, forty or forty-two of section three hundred seventy-five,

or section three hundred seventy-six or section three hundred eighty-a

of this chapter relating to required equipment of such vehicle or its

proper repair.

3. Application. The protection against any retaliatory personnel

action found in subdivision two of this section shall apply only to an

employee who has brought the above mentioned violations of sections

three hundred seventy-five, three hundred seventy-six and/or three

hundred eighty-a to the attention of his employer in writing and has

afforded such employer a reasonable opportunity to correct such

violation.

4. Violation; remedy. An employee who has been subjected to a

retaliatory personnel 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 section seven hundred forty of the labor

law within one year after the alleged retaliatory personnel action was

taken. The commissioner or his agent may deny a registration application

of any other person for the same vehicle where he has reasonable grounds

to believe that such registration will have the effect of defeating the

purpose of this subdivision.

5. Existing rights. Nothing in this section shall be deemed to

diminish the rights, privileges, or remedies of any employee under any

collective bargaining agreement or employment contract.