N.Y. Labor Law Section 215-C
Discrimination against employees for displaying the American flag


1.

No employer, public or private, or such employer’s duly authorized agent shall discharge or discriminate against any employee in compensation or in terms, conditions or privileges of employment for displaying an American flag on the employee’s person or work station, provided such display physically does not substantially or materially interfere with the employee’s job duties. If after investigation the commissioner finds that an employer has violated any provision of this section, the commissioner may, by an order which shall describe particularly the nature of the violation, assess the employer a civil penalty of not less than two hundred nor more than two thousand dollars. Notwithstanding the provisions of § 213 (Violations of provisions of labor law)section two hundred thirteen of this chapter, the penalties set forth in this section shall be the exclusive remedies available for violations of this section.

2.

An employee may bring a civil action in a court of competent jurisdiction against any employer or persons alleged to have violated the provisions of this section. The court shall have jurisdiction to restrain violations of this section, within two years after such violation, and to order all appropriate relief, including rehiring or reinstatement of the employee to his former position with restoration of seniority, payment of lost compensation, damages, and reasonable attorneys’ fees. At or before the commencement of any action under this section, notice thereof shall be served upon the attorney general by the employee.

Source: Section 215-C — Discrimination against employees for displaying the American flag, https://www.­nysenate.­gov/legislation/laws/LAB/215-C (updated Sep. 22, 2014; accessed Jun. 8, 2024).

200
General duty to protect health and safety of employees
200‑A
Laws to be posted at airports
201
Laws and orders to be posted
201‑A
Fingerprinting of employees prohibited
201‑B
Fees for medical examination
201‑C
Discrimination in child-care leave prohibited
201‑D
Discrimination against the engagement in certain activities
201‑E
Maintenance of employee-patient records at occupational health service centers
201‑F
Posting regulations on employment of persons previously convicted of one or more crimes
201‑G
Prevention of sexual harassment
201‑H
Posting of veterans’ benefits and services
201‑I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202‑A
Leave of absence for bone marrow donations
202‑B
Leave for organ or bone marrow donation granted to state employees
202‑C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202‑D
Coin-operated machines performing a manufacturing process
202‑E
Protection of persons employed on/in vehicular bridges and/or tunnels
202‑F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202‑G
Display of fuel-connected appliances in wholesale or retail store
202‑H
High-voltage proximity
202‑I
Leave of absence for military spouses
202‑J
Leave of absence for blood donation granted to employees
202‑K
Protection of persons employed in the broadcast industry
202‑L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203‑A
Seats in certain passenger elevators or relief for the operator
203‑B
Seats for female employees
203‑C
Employee privacy protection
203‑D
Employee personal identifying information
203‑E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203‑F
Inventions made by employees
204
Inspection of boilers
204‑B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206‑A
Physical examinations of females
206‑C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207‑A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209‑A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210‑A
Legal duty to employees
211
Protection of employees
211‑A
Prohibition against use of funds
212
Drinking water for farm laborers
212‑A
Migrant registration law
212‑B
Farm labor camp commissaries
212‑C
Definitions
212‑D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213‑A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215‑A
Discrimination against employees for failure to meet certain ticket quotas
215‑B
Children
215‑C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218‑A
Sun safety education for state employees
218‑B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219‑A
Affirmation in lieu of oath
219‑C
Public notice of employer violations
219‑D
Emergency alert notification system employer registration

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 215-C’s source at nysenate​.gov

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