General Employment Law

Retaliation Under Section 215 of the New York Labor Law

Section 215 of the New York Labor Law (“NYLL”) creates a cause of action for employees who are discriminated or retaliating against for making a complaint regarding a reasonable and good faith belief that there is a violation of the NYLL.  A good faith complaint regarding a violation of the NYLL can include, but is not limited to, a complaint regarding: general calculation of wages, overtime, minimum wage, and pay frequency.  Under the statute, retaliation can include but is not limited to: a loss of pay, a failure to promote, threats to report an employee’s or an employee’s relative’s citizenship status, and deductions to any bank of time such as vacation or sick pay.  Further, the statute of limitation for a section 215 discrimination or retaliation claim is two years.

If you believe you may have been a victim of unlawful retaliation in violation Section 215 of the NYLL you should speak to an experienced New York employment law attorney, as your employer may be in violation of these laws.  To learn more or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. for a free consultation.

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