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In this regard, this blog is Part VII of our series on “Remedies under Major New York Labor and Employment Laws.” In Part VI, we deliberated on the remedies available under the New York Professional Employer Act and mentioned that there is no applicable state law under which an employee may recover economic, compensatory, and punitive damages and attorney’s fees and costs under this act. However, we also added that the law contains provisions under which a court may grant injunctive relief and several “other” remedies. For instance, pursuant to N.Y. Penal Law § 80.05(2) and N.Y. Penal Law § 70.15(2), a court may impose a class B misdemeanor fine and a class B misdemeanor imprisonment, respectively. However, while the fine imposed under the first statute cannot be more than $500, the imprisonment imposed under the second statute cannot last for more than 3 months.

Moving the discussion forward, this blog is titled “Remedies Available under the New York False Claims Act” and is a review of the remedies available under this act and as codified under N.Y. State Fin. Law §§ 187 et seq.

Remedies Available under the New York False Claims Act

Economic Damages

Pursuant to N.Y. State Fin. Law § 191(1), a prevailing party may be awarded (1) double the back pay, (2) interest accumulating from back pay, and (3) make-whole relief as a package for economic damages.

Compensatory Damages

Further, pursuant to N.Y. State Fin. Law § 191(1), a prevailing party may be awarded (1) compensation for any particular harm suffered following a discriminatory act and (2) make-whole relief.

Punitive Damages

However, there is no applicable state law through which a prevailing party may recover punitive damages under the New York False Claims Act.

Attorney’s Fees and Costs

Nonetheless, pursuant to N.Y. State Fin. Law § 191(1)(e), an aggrieved agent, contractor, or employee may recover (1) reasonable attorney’s costs and fees and (2) litigation costs as deemed just, equitable, and proper by a court of competent jurisdiction.

Injunctive Relief

Additionally, injunctive relief constitutes a remedy available under this act. For instance, pursuant to N.Y. State Fin. Law § 191(1), an employee may be awarded all relief a court may deem just, equitable, and proper to make them whole. Moreover, pursuant to N.Y. State Fin. Law § 191(1)(c), a court may also order the employer to reinstate the employee’s seniority rights and full fringe benefits. In addition, N.Y. State Fin. Law § 191(1)(b), a court may as well require an employee to be hired, contracted, or reinstated to an equivalent or similar position. Lastly, pursuant to N.Y. State Fin. Law § 191(1)(a), a court may issue an injunction to prevent continued discriminatory behavior or conduct.

“Other” Remedies

Finally, pursuant to N.Y. State Fin. Law § 191(1), a court may order all relief necessary to make the aggrieved employee whole.

In Part VIII of the series and our blog titled “Remedies Available under New York State Worker Adjustment and Retraining Notification Act (N.Y.S. WARN),” we will discuss the various remedies available under this act and pursuant to N.Y. Lab. Law §§ 860 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.