Section 28-307.3. Retaliation


Latest version.
  • It  shall  be unlawful for an employer or the
      agent of such employer to take  a  retaliatory  action,  as  defined  by
      section  740 of the labor law, against an employee because of the lawful
      acts of such employee in furtherance of a civil or criminal  enforcement
      proceeding  arising  out  of  the  failure  of such employer or agent to
      comply with section 28-307.1. An employee who  is  the  victim  of  such
      retaliatory  action  may  commence  an  action in any court of competent
      jurisdiction for the relief provided for in this section  and  shall  be
      entitled  to  all  relief  necessary to make such employee whole. Lawful
      acts of an employee shall include, but not be limited to,  assisting  in
      the investigation and initiation of an enforcement proceeding alleging a
      violation   of   section  28-307.1,  providing  testimony  in  any  such
      proceeding or providing other assistance in  connection  therewith.  The
      relief  to  which such employee shall be entitled shall include, but not
      be limited to, (i) an injunction to restrain any adverse or  retaliatory
      action,  (ii)  reinstatement  to  the  position such officer or employee
      would have had but for such action, or to an equivalent position,  (iii)
      reinstatement of full benefits and seniority rights including payment of
      any missed back pay, plus interest and (iv) compensation for any special
      damages sustained as a result of such action, including litigation costs
      and reasonable attorneys' fees.