N.Y. Lab. Law § 786

* § 786. Unlawful retaliation. 1. No person, including but not limited\nto an employer, his or her agent, or person acting as or on behalf of a\nhiring entity, or the officer or agent of any entity, business,\ncorporation, partnership, or limited liability company, shall discharge\nor in any way retaliate, discriminate or take adverse action against any\nperson for exercising any rights conferred under this article, or for\nbeing perceived as exercising rights conferred by this article,\nincluding but not limited to:\n (a) Initiating a request for information about a quota or personal\nwork speed data pursuant to subdivision one of section seven hundred\neighty-five of this article.\n (b) Making a complaint related to a quota alleging any violation of\nsection seven hundred eighty-one, seven hundred eighty-two, seven\nhundred eighty-three, or seven hundred eighty-five of this article to\nthe commissioner, any other local, state, or federal governmental agency\nor official, or the employer.\n 2. An employee need not explicitly refer to this article or the rights\nenumerated herein to be protected from an adverse action. Protections of\nthis section shall apply to former employees and to employees who\nmistakenly but in good faith allege violations of this article.\n 3. If a person takes adverse action against an employee within ninety\ndays of the employee's engaging or attempting to engage in activities\nprotected by this article, such conduct shall raise a rebuttable\npresumption that the action is an adverse action in violation of this\narticle. Such presumption may be rebutted by clear and convincing\nevidence that: (a) the action was taken for other permissible reasons;\nand (b) the engaging or attempting to engage in activities protected by\nthis article was not a motivating factor in the adverse action.\n * NB Effective February 19, 2023\n