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New Law Increases Fines for Employers who Retaliate Against Employees

By Paul Napoli

November 27, 2009

A new law that protects employees who report labor violations to the New York State Department of Labor from retaliation by employers went in to effect this week.

When employees file claims or provide information to the Department of Labor about violations, they may suffer employer retaliation such as discharge, demotion, pay cuts or reassignment to a less desirable work shift or work duties. Employees must be protected from such retaliations and although New York's previous labor law prohibited employer retaliation, the new law offers a greater deterrent because of increased penalties.

Governor David A. Paterson said, 'Every worker in New York is afforded basic protections under state labor law – minimum wage, meal breaks and the right to be paid in a timely manner. Oftentimes, when workers are not afforded those rights, many are too apprehensive to come forward due to fear of retaliation by their employers. This law will persuade more workers to come forward, while at the same time ensuring that lawbreaking employers who do retaliate against workers will face stiff penalties.'

Signed by Governor David A. Paterson on August 26, 2009, the new law increases the minimum civil penalty against employers who retaliate against employees from $200 to $2,000 and the maximum penalty from $1,000 to $10,000. Under the new law, the Commissioner of Labor may also award lost compensation to workers who have been victims of employer retaliation.

'All too often, workers who turn to the State Department of Labor to help them recover unpaid wages or receive help with other labor law violations end up getting fired, or are otherwise victims of workplace retaliation – including reduced hours, losses of benefits, and different work assignments – by their employers. Employers who willfully underpay their workers or otherwise violate labor rights and protections must be held accountable for their actions, and worker ‘whistleblowers' who attempt to stand up for their rights must be able to come forward and seek help without fear of losing their jobs,' said State Senator George Onorato, the chairman of the Senate Standing Committee on Labor.

Federal and state labor laws regulate the relationship between employers and employees. Labor law, also called employment law, is an entire body of laws, regulations, administrative rulings and case precedents that govern how trade unions, employees and employers must interact. This body of law also restricts some actions for these groups. These laws protect employees from being treated poorly by their employers. If an employer fails to follow these regulations, an employee may be able to file a claim for lost wages, back pay and other damages. An experienced attorney is a valuable asset to have when you are thinking of filing a labor law claim against your employer or former employer. Call Napoli Bern Ripka, LLP today at 888-529-4669 to discuss your legal options.

Originally posted at InjuryBoard by Paul Napoli

Full post as published by New York City Personal Injury Lawyer on November 28, 2009 (boomark / email).