ยง 880. Employees' rights. 1. Employees or their representatives may
request in writing from employers and shall receive all information
relating to toxic substances set forth in subdivision three of section
eight hundred seventy-eight of this article.
2. If an employee has requested information about a substance pursuant
to subdivision seven of section eight hundred seventy-six of this
article, and has not received information within the time allowed
therein, the employee may not be required to work with such substance.
3. No employer shall discharge, or cause to be discharged, or
otherwise discipline, or in any manner discriminate against any employee
because such employee has filed any complaint or has instituted, or
caused to be instituted, any proceeding under or related to the
provisions of this article, or has testified, or is about to testify, in
any such proceeding, or because of the exercise of any right afforded
pursuant to the provisions of this article on such employee's behalf or
on the behalf of others, nor shall any pay, position, seniority, or
other benefits be lost for exercise of any right provided by this
article.
4. Any employee who believes that he or she has been discharged,
disciplined, or otherwise discriminated against by any person in
violation of this section may, within thirty days after such violation
occurs or thirty days after the employee first obtains knowledge that a
violation did occur, file a complaint with the industrial commissioner
alleging such discrimination. Upon receipt of such complaint, the
industrial commissioner shall cause such investigation to be made as he
deems appropriate. If upon such investigation, the industrial
commissioner determines that the provisions of this section have been
violated, he shall request the attorney general to bring an action in
supreme court against the person or persons alleged to have violated the
provisions of this section. In any such action the supreme court shall
have jurisdiction to restrain violations of this section and to order
all appropriate relief, including but not limited to civil penalties as
set forth in section eight hundred eighty-two of this article, hiring,
rehiring or reinstatement of the employee in employment together with
the payment of any compensation otherwise actually lost as a result of
such violation.
5. Within ninety days of the receipt of a complaint filed under this
section the industrial commissioner shall notify the complainant and his
representative by registered mail of his determination.
6. Any waiver by an employee or applicant for employment of the
benefits or requirements of this article shall be against public policy
and be null and void.
7. Any employer's request or requirement that an employee waive any
rights under this article as a condition of employment shall constitute
an act of discrimination.
Structure New York Laws