New York Law Specifically Prohibits Certain Conduct by Employers
Under New York law, workers have a number of ways to seek redress when employers take punitive or retaliatory measures against them because they have engaged in certain legally protected activities. New York Labor Law Section 215 sets forth general protections for employees, banning a wide range of activities, including termination, discrimination, threats or penalties for reporting or complaining about violations of labor law.
What Are the Key Components of Section 215?
Under this section of New York’s general labor laws, an employer may not take certain actions in response to the exercise of legally protected rights by workers. An employee may not be fired for engaging in a wide range of activities, including:
- Reporting illegal or unethical behavior by an employer
- Filing a wage and hour claim
- Notifying OSHA or other government agencies about safety concerns
- Requesting FLMA or other legally permitted leave
- Testifying or otherwise participating in a DOL investigation
Additionally, an employee may not be penalized, demoted, threatened or subjected to discrimination because of involvement in protected activities. Recent revisions to the law allows an employee to seek damages even if the employer contends that the reports or complaints were unfounded, provided the employee made the assertions in good faith.
What Remedies Are Available to a Worker Who Has Been Subjected to Retaliatory Actions?
The statute allows qualified employees to potentially recover back pay, liquidated damages of up to $20,000 and reimbursement or payment of all legal fees. A worker may also ask for reinstatement after wrongful discharge.
Let Stephen Hans & Associates Help You Ensure Compliance with New York Employment and Labor Laws
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation, including claims involving allegations of workplace retaliation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.