2019 New York Laws
LAB - Labor
Article 7 - 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.
  As used in this section, to threaten, penalize, or in any other manner
discriminate or retaliate against any employee includes  threatening  to
contact or contacting United States immigration authorities or otherwise
reporting  or  threatening to report an employee's suspected citizenship
or immigration status or the suspected citizenship or immigration status
of an employee's family or household member, as defined  in  subdivision
two  of section four hundred fifty-nine-a of the social services law, to
a federal, state or local agency.
  (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 provided, however,
that if the commissioner  finds  that  the  employer  has  violated  the
provisions  of  this  section  in the preceding six years, he or she may
assess a civil penalty of not less  than  one  thousand  nor  more  than
twenty 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  twenty  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 twenty 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.