Employment Practices (September 13, 2023)

Q: Can a violating employer be sued by an aggrieved applicant or employee?

Any person harmed by a violation of the law can file a complaint with the NY Labor Commissioner, but there is no private right to file a lawsuit against the employer. Violating employers face civil penalties up to $3,000, depending on employer size, good faith, gravity of the violation, and history of previous violations. Employers are expressly prohibited from refusing to interview or hire or otherwise retaliating against any applicant or employee who exercises rights under the statute.

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