2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
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.
    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.
    (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. 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 ten 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 ten 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.