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.
If you have any questions regarding this or any other labor and employment law issue, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.