2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5252 - Discrimination against employees and prospective employees based upon wage assignment or income execution.

 
    §  5252.  Discrimination  against  employees and prospective employees
  based upon wage assignment or income execution.  1.  No  employer  shall
  discharge,  lay  off,  refuse  to promote, or discipline an employee, or
  refuse to  hire  a  prospective  employee,  because  one  or  more  wage
  assignments  or income executions have been served upon such employer or
  a former employer against the employee's or prospective employee's wages
  or because of the pendency  of  any  action  or  judgment  against  such
  employee   or   prospective  employee  for  nonpayment  of  any  alleged
  contractual obligation. In addition to being subject to the civil action
  authorized in subdivision  two  of  this  section,  where  any  employer
  discharges,  lays  off, refuses to promote or disciplines an employee or
  refuses to hire a prospective employee because of the existence  of  one
  or more income executions and/or income deduction orders issued pursuant
  to section fifty-two hundred forty-one or fifty-two hundred forty-two of
  this article, the court may direct the payment of a civil penalty not to
  exceed  five  hundred  dollars  for  the first instance and one thousand
  dollars per instance for the second and subsequent instances of employer
  or income payor  discrimination.  The  penalty  shall  be  paid  to  the
  creditor  and  may be enforced in the same manner as a civil judgment or
  in any other manner permitted by law.
    2. An employee or prospective employee may institute  a  civil  action
  for  damages  for  wages lost as a result of a violation of this section
  within ninety days after such violation. Damages recoverable  shall  not
  exceed  lost  wages  for six weeks and in such action the court also may
  order the reinstatement of such discharged employee  or  the  hiring  of
  such  prospective employee. Except as provided for in subdivision (g) of
  section fifty-two hundred forty-one, not more than ten per centum of the
  damages recovered in  such  action  shall  be  subject  to  any  claims,
  attachments  or  executions  by  any  creditors,  judgment  creditors or
  assignees of such employee or prospective employee. A violation of  this
  section  may  also  be  punished  as a contempt of court pursuant to the
  provisions of section seven hundred fifty-three of the judiciary law.