The recent New York Labor Law 215 amendment has introduced crucial enhancements to employee protections, mainly focusing on safeguarding workers who take legally protected leave. This legislative change is a significant development for employees across New York State, ensuring that their rights to take leave under various state and federal laws, including New York’s Paid Family Leave (PFL) law, are protected against retaliation. The amendment to Labor Law 215 empowers employees to stand up against retaliation.
New York Labor Law 215 has long been a vital statute that protects employees from retaliation when they exercise their rights under labor laws. The law traditionally prohibited employers from retaliating and taking adverse actions against employees who file complaints, testify, or otherwise participate in proceedings related to labor law violations.
The recent amendment to Labor Law 215 explicitly extends these anti-retaliation protections to include employees who take leave under any state or federal law.
Specifically, the statute now reads:
“No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee (i) because such employee has … taken or requested leave under article nine of this chapter, the family and medical leave act of 1993, title twenty-nine of the United States code section two thousand six hundred and one, or any other legally protected leave provided by state or federal law.”
This language provides comprehensive protection, ensuring that any retaliatory action against an employee for taking leave is unlawful. Notably, this includes leave taken under the New York Paid Family Leave (PFL) law, which allows employees to take paid time off to care for a new child or a seriously ill family member or to assist with family matters when someone is called to active military service.
Under the amended law, retaliation can take many forms, including:
- Discharge or Termination: Firing an employee for taking or requesting leave.
- Threats: Intimidating an employee, such as threatening to report their immigration status or other personal information.
- Penalties: Imposing penalties like demotions, pay cuts, or reduced working hours as a response to the leave.
- Discrimination: Any form of unequal treatment that negatively affects the employee’s work environment or terms of employment.
This broad definition of retaliation covers nearly all potential adverse actions an employer might take, providing robust employee protections.
Employees who believe they have been retaliated against for taking legally protected leave now have more substantial grounds to seek legal recourse. Under the amended law, employees can:
- File a Complaint: An employee can file a complaint with the New York State Department of Labor or pursue a private lawsuit.
- Seek Remedies: If retaliation is proven, the employee may be entitled to remedies, including reinstatement, back pay, and compensatory damages.
The New York Labor Law 215 amendment marks a significant step forward in protecting employees’ rights to take legally protected leave, including under the New York Paid Family Leave law, without fear of retaliation. The law ensures that employees can confidently exercise their rights by explicitly including leave protections in the anti-retaliation provisions.
Understanding these protections is crucial for employees. If you have faced retaliation after taking leave, consulting with an experienced employment attorney can help you navigate your options and secure the protections the law provides.
For those who have been the target of retaliation at work, working with a qualified and knowledgeable attorney is often the best action for effectively addressing these issues. At Risman & Risman, we offer legal assistance for those facing retaliation in the workplace. Our team can provide you with specialized legal services for your issues. Call us today at 212-233-6400 to schedule a free initial consultation with our team.