215 - Penalties and civil action; employer who penalizes employees because of complaints of employer violations. - New York Statutes

§ 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.