LAW UPDATE FOR ALL EMPLOYERS IN THE STATE OF NEW YORK:
New York Governor Andrew Cuomo has signed a bill prohibiting employers from threatening to contact an immigration enforcement agency [ICE] on an employee.
The law goes into effect in October 2019.
Under the law, an employer may not report or threaten to report the suspected citizenship or immigration status of an employee, a family member of an employee, or a household member of an employee to a federal, state, or local agency, e.g. ICE.
The above behaviors are considered discrimination and retaliation and thus workplace harassment.
- The consequences of violating this new law includes, but is not limited to:
o Fines in the amounts of:
- $1,000-$10,000 for a first offense; and
- $1,000-$20,000 for a second offense within six months of the first violation.
- All appropriate relief deemed justified by the Commissioner of Labor, including, but not limited to:
- Financial damages to the affected employee;
- Rehiring/Reinstating the employee to his/her former/equivalent position; and
- Awarding the affected employee lost compensation or front pay instead of reinstatement.