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Introduction to Remedies under Major NY Labor & Employment Laws

Introduction to Remedies under Major New York Labor and Employment Laws

In legal terms, while it results when a plaintiff prevails in a lawsuit, a remedy refers to a type of legal right enforcement ordered by a court. In this series, we will hammer on the diverse remedies available under major New York employment-related laws, regulations, and statutes. Specifically, we will, under individual blog posts, review the compensatory and economic damages that would be offered to a prevailing plaintiff with the aim of either making them whole by restoring the original economic position or status they had been without the violation or injury or compensating them for various losses.

Under the doctrine of remedies, the law allows additional penalties, such as punitive damages, to be added as a way of punishing wrongdoers. It is also crucial to note that some statutes permit attorneys’ costs and fees of the prevailing parties to be shifted to the losing parties. Notably, injunctive relief, which has been discussed in a dozen other blog posts published on our website, is an example of other remedies available under major New York labor and employment laws. A good example is a restraining order, through which a defendant is prohibited from engaging in harmful conduct that could have set a lawsuit in motion. Lastly, the law also provides room for other remedies, such as compensation for expert witness fees, which aims at capturing anything that may not neatly fit into any of the wide varieties of remedies.

Under each blog post, we will hammer on a single law, regulation, statute, or legal issue under which a remedy or a variety of remedies is provided. These laws, regulations, statutes, or legal issues include:

  • New York State Human Rights Law (NYSHRL), Y. Exec. Law §§ 290 et seq.
  • New York Minimum Wage Act, Y. Lab. Law §§ 650 et seq.
  • Disability Benefits Law and the Paid Family Leave Benefits Law, Y. Workers’ Comp. Law §§ 200 et seq.
  • New York State Employment Relations Act, Y. Lab. Law §§ 700 et seq.
  • New York Professional Employer Act, Y. Lab. Law §§ 915 et seq.
  • New York False Claims Act, Y. State Fin. Law §§ 187 et seq.
  • New York State Worker Adjustment and Retraining Notification Act (N.Y.S. WARN), Y. Lab. Law §§ 860 et seq.
  • Employee privacy protection, Y. Lab. Law § 203-c
  • Payment of Wages, Y. Lab. Law §§ 190 et seq.
  • New York Election Law, Y. Elec. Law §§ 3-110, 17- 118.
  • New York State Soldiers’ and Sailors’ Civil Relief Act, Y. Mil. Law §§ 317, 318
  • Discrimination against nursing mother employees to express breast milk in the workplace, Y. Lab. Law § 206-c
  • Discrimination in child-care leave, Y. Lab. Law § 201-c
  • Discrimination against employees for displaying the American flag, Y. Lab. Law § 215-c
  • Discrimination or retaliation based on an employee’s complaint against an employer’s violation or commissioner’s order, Y. Lab. Law § 215
  • Retaliatory Action by Employers, Y. Lab. Law §§ 740, 741
  • Retaliation against an employee for requesting or obtaining blood donation leave, Y. Lab. Law § 202-j
  • Retaliation against an employee for requesting or obtaining leave of absence for military spouses, Y. Lab. Law § 202-i
  • Retaliation against an employee for requesting or obtaining bone marrow donation leave, Y. Lab. Law § 202-a
  • Employer unlawfully penalizing witness or victim, Y. Penal Law § 215.14
  • Right of juror to be absent from employment, Y. Jud. Ct. Acts Law § 519
  • Prohibition on “Kick-back” of wages, Y. Lab. Law § 198-b
  • Violation of meal periods, Y. Lab. Law § 162
  • Violation of one day rest in seven, Y. Lab. Law § 161

With particular reference to each law, regulation, statute, or legal issue, we will examine the different categories of remedies, including economic damages, compensatory damages, punitive damages, attorney’s fees and costs, injunctive relief, and “other” remedies available.

In that regard, be on the lookout for Part I of this series and our blog post titled “Remedies Available Under New York State Human Rights Law (NYSHRL),” where we will review the remedies available under the New York State Human Rights Law (NYSHRL), N.Y. Exec. Law §§ 290 et seq.

As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always Rising Above the Bar,

Isaac T.,

Legal Writer, Author, & Publisher.

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