2010 New York Code
LAB - Labor
Article 7 - (200 - 219-A) GENERAL PROVISIONS
215 - Penalties and civil action; employer who penalizes employees because of complaints of employer violations.

§  215.  Penalties  and civil action; employer who penalizes employees
  because of complaints of employer violations. 1. (a) No employer or  his
  or  her  agent, or the officer or agent of any corporation, partnership,
  or limited liability company shall discharge, 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, that the employer
  has violated any  provision  of  this  chapter,  or  (ii)  because  such
  employee  has  caused  to be instituted a proceeding under or related to
  this chapter, or (iii) because such employee has provided information to
  the commissioner or  his  or  her  authorized  representative,  or  (iv)
  because  such  employee  has  testified  or  is  about  to testify in an
  investigation or proceeding under this  chapter,  or  (v)  because  such
  employee has otherwise exercised rights protected under this chapter, or
  (vi) because the employer has received an adverse determination from the
  commissioner involving the employee.
    (b) If after investigation the commissioner finds that an employer 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  a civil penalty of not less than one thousand nor
  more than ten thousand dollars, and  order  the  employer  to  pay  lost
  compensation to the employee.
    (c)  Notwithstanding the provisions of section two hundred thirteen of
  this article, the penalties set forth  in  this  section  shall  be  the
  exclusive remedies available for violations of this section.
    (d)  This  section  shall  not  apply to employees of the state or any
  municipal subdivisions or departments thereof.
    2. 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, and to order all appropriate relief,  including  rehiring  or
  reinstatement of the employee to his former position with restoration of
  seniority,   payment  of  lost  compensation,  damages,  and  reasonable
  attorneys' fees. At or before the commencement of any action under  this
  section, notice thereof shall be served upon the attorney general by the
  employee.