Section 215. Penalties and civil action; employer who penalizes employees because of complaints of employer violations

* 1. No  employer  or  his
  agent,  or  the  officer  or  agent of any corporation, shall discharge,
  penalize, or in any  other  manner  discriminate  against  any  employee
  because  such  employee  has made a complaint to his employer, or to the
  commissioner or his authorized representative,  that  the  employer  has
  violated  any  provision  of  this chapter, or because such employee has
  caused to be instituted a proceeding under or related to  this  chapter,
  or  because  such  employee  has  testified or is about to testify in an
  investigation or proceeding under this chapter. If  after  investigation
  the  commissioner  finds  that an employer has violated any provision of
  this section, the commissioner may, by an  order  which  shall  describe
  particularly  the  nature  of the violation, assess the employer a civil
  penalty of not less than two hundred nor more than two thousand dollars.
  Notwithstanding the provisions of section two hundred thirteen  of  this
  chapter,  the penalties set forth in this section shall be the exclusive
  remedies available for violations of this section.
    * NB Effective until November 24, 2009
    * 1. (a) No employer or his or her agent, or the officer or  agent  of
  any   corporation,  partnership,  or  limited  liability  company  shall
  discharge, penalize, or in any other manner  discriminate  or  retaliate
  against  any  employee (i) because such employee has made a complaint to
  his or her employer, or to the commissioner or  his  or  her  authorized
  representative,  that  the  employer  has violated any provision of this
  chapter, or (ii) because such employee has caused  to  be  instituted  a
  proceeding  under  or  related  to  this  chapter, or (iii) because such
  employee has provided information to the  commissioner  or  his  or  her
  authorized  representative,  or (iv) because such employee has testified
  or is about to testify in an  investigation  or  proceeding  under  this
  chapter,  or  (v)  because  such employee has otherwise exercised rights
  protected under this chapter, or (vi) because the employer has  received
  an adverse determination from the commissioner involving the employee.
    (b) If after investigation the commissioner finds that an employer has
  violated  any  provision  of  this  section, the commissioner may, by an
  order which shall describe particularly the  nature  of  the  violation,
  assess  the  employer  a civil penalty of not less than one thousand nor
  more than ten thousand dollars, and  order  the  employer  to  pay  lost
  compensation to the employee.
    (c)  Notwithstanding the provisions of section two hundred thirteen of
  this article, the penalties set forth  in  this  section  shall  be  the
  exclusive remedies available for violations of this section.
    (d)  This  section  shall  not  apply to employees of the state or any
  municipal subdivisions or departments thereof.
    * NB Effective November 24, 2009
    2. An employee may bring a  civil  action  in  a  court  of  competent
  jurisdiction  against  any  employer or persons alleged to have violated
  the provisions of this section. The court  shall  have  jurisdiction  to
  restrain  violations  of  this  section,  within  two  years  after such
  violation, and to order all appropriate relief,  including  rehiring  or
  reinstatement of the employee to his former position with restoration of
  seniority,   payment  of  lost  compensation,  damages,  and  reasonable
  attorneys' fees. At or before the commencement of any action under  this
  section, notice thereof shall be served upon the attorney general by the
  employee.