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 Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 215-C’s source at nysenate​.gov

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