N.Y. Civil Practice Law & Rules Section 5252
Discrimination against employees and prospective employees based upon wage assignment or income execution

1.

No employer shall discharge, lay off, refuse to promote, or discipline an employee, or refuse to hire a prospective employee, because one or more wage assignments or income executions have been served upon such employer or a former employer against the employee’s or prospective employee’s wages or because of the pendency of any action or judgment against such employee or prospective employee for nonpayment of any alleged contractual obligation. In addition to being subject to the civil action authorized in subdivision two of this section, where any employer discharges, lays off, refuses to promote or disciplines an employee or refuses to hire a prospective employee because of the existence of one or more income executions and/or income deduction orders issued pursuant to section fifty-two hundred forty-one or fifty-two hundred forty-two of this article, the court may direct the payment of a civil penalty not to exceed five hundred dollars for the first instance and one thousand dollars per instance for the second and subsequent instances of employer or income payor discrimination. The penalty shall be paid to the creditor and may be enforced in the same manner as a civil judgment or in any other manner permitted by law.

2.

An employee or prospective employee may institute a civil action for damages for wages lost as a result of a violation of this section within ninety days after such violation. Damages recoverable shall not exceed lost wages for six weeks and in such action the court also may order the reinstatement of such discharged employee or the hiring of such prospective employee. Except as provided for in subdivision (g) of section fifty-two hundred forty-one, not more than ten per centum of the damages recovered in such action shall be subject to any claims, attachments or executions by any creditors, judgment creditors or assignees of such employee or prospective employee. A violation of this section may also be punished as a contempt of court pursuant to the provisions of section seven hundred fifty-three of the judiciary law.

Source: Section 5252 — Discrimination against employees and prospective employees based upon wage assignment or income execution, https://www.­nysenate.­gov/legislation/laws/CVP/5252 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

5201
Debt or property subject to enforcement 5202
Judgment creditor’s rights in personal property 5203
Priorities and liens upon real property 5204
Release of lien or levy upon appeal 5205
Personal property exempt from application to the satisfaction of money judgments 5206
Real property exempt from application to the satisfaction of money judgments 5207
Enforcement involving the state 5208
Enforcement after death of judgment debtor 5209
Discharge of garnishee’s obligation 5210
Power of court to punish for contempt 5211
Privilege on examination 5221
Where enforcement proceeding commenced 5222
Restraining notice 5222‑A
Service of notices and forms and procedure for claim of exemption 5223
Disclosure 5224
Subpoena 5225
Payment or delivery of property of judgment debtor 5226
Installment payment order 5227
Payment of debts owed to judgment debtor 5228
Receivers 5229
Enforcement before judgment entered 5230
Executions 5231
Income execution 5232
Levy upon personal property 5233
Sale of personal property 5234
Distribution of proceeds of personal property 5235
Levy upon real property 5236
Sale of real property 5237
Failure of title to property sold 5238
Directions to the sheriff 5239
Proceeding to determine adverse claims 5240
Modification or protective order 5241
Income execution for support enforcement 5242
Income deduction order for support enforcement 5250
Arrest of judgment debtor 5251
Disobedience of subpoena, restraining notice or order 5252
Discrimination against employees and prospective employees based upon wage assignment or income execution 5253
Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 5252’s source at nysenate​.gov

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