Bill A8092B amends Section 215 of New York Labor Law (“NYLL”) to provide employees with a new potential claim if they are retaliated against for taking lawful absences. The amendment also prohibits employers from using “no-fault” attendance policies that penalize employees for taking protected absences. This new law took effect¬†on February 23, 2023.

Under the new law, employees who take protected absences, such as those related to illness, domestic violence, or jury duty, are protected from retaliation by their employer. Suppose an employee is retaliated against for taking a protected absence. In that case, they may have a claim under the NYLL and can seek relief for damages, including lost wages, liquidated damages, and attorney fees.

The law also prohibits employers from using “no-fault” attendance policies that penalize employees for taking protected absences. This means that employers cannot discipline or terminate an employee for taking a protected absence, even if the employee has exceeded the maximum number of absences allowed under the employer’s attendance policy.

The new law applies to all employees in New York, regardless of whether they are full-time, part-time, or temporary.

In summary, this new New York Labor Law amendment provides additional protections for employees who take protected absences from work and expands the remedies available to employees who experience retaliation for taking such absences. It also prohibits employers from using “no-fault” attendance policies that penalize employees for taking protected absences. This new law will provide much-needed protections for employees and ensure they are not punished for taking time off for illness or other protected reasons

For those who have been the target of retaliation at work, working with a qualified and knowledgeable attorney is often the best course of action for addressing these issues effectively. At Risman & Risman, we offer expert legal help for those facing retaliation in the workplace. Our team can provide you with specialized legal services for your issues. Give us a call today at 212-233-6400 to schedule a free initial consultation with our team.

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