Work & wages · Situation
Punished for complaining about pay or working conditions in New York: retaliation and what to do
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
New York Labor Law § 215 makes it illegal for an employer to fire, threaten, penalize or otherwise retaliate against you for complaining — to the employer, the Department of Labor, the Attorney General or anyone else — about conduct you reasonably and in good faith believe violates the Labor Law, or for using a legally protected absence like sick leave. You don't have to cite the law in your complaint. You can complain to the DOL or sue within two years, and a court can order reinstatement, lost pay and up to $20,000 in liquidated damages.
Read on for the details, the exceptions and the sources.
In plain words
- Retaliation
- Any punishment for using your rights — firing, fewer hours, worse shifts, demotion, threats, extra scrutiny.
- Protected activity
- The action the law protects, such as complaining about unpaid wages or taking sick leave.
- Good faith
- You honestly and reasonably believed something was illegal, even if it turns out it wasn't.
What the law says, briefly
Labor Law § 215(1)(a) bars an employer (and its agents and managers) from discharging, threatening, penalizing or in any other manner retaliating against an employee because the employee complained to the employer, the Commissioner of Labor, the Attorney General or any other person about conduct the employee reasonably and in good faith believes violates the Labor Law; because the employer believes the employee complained; because the employee started or is about to start a proceeding, gave information to the DOL or Attorney General, or testified; because the employee otherwise used Labor Law rights; or because the employee used any legally protected absence under federal, state or local law. A complaint doesn't have to mention any specific law.
Retaliation expressly includes threatening to contact, or contacting, immigration authorities about you or your family, and giving demerits, 'points' or deductions from a bank of time that could lead to discipline. You can sue within two years; the court can order reinstatement or front pay, lost compensation, damages, attorney's fees and liquidated damages of up to $20,000 for each affected employee (§ 215(2)(a)). The DOL can also order relief and civil penalties (§ 215(1)(b)). Federal law separately bars retaliation for FLSA complaints (29 U.S.C. § 215(a)(3)).
What to check in your lease, contract or papers
- Your written complaint (e-mail, text, letter or DOL claim) and its date.
- Performance reviews before and after the complaint — a sudden change after years of good reviews matters.
- The schedule and hours you had before and after.
- Any written reason the employer gave for the action against you, and the handbook rule it cites.
- Whether you work for the state or a city, town or county: § 215 doesn't apply to state and municipal employees (§ 215(1)(c)).
What to document
- The date and content of each complaint and who received it.
- Every action taken against you afterward, with dates: hours cut, shift changes, write-ups, threats, firing.
- Witnesses who heard comments about your complaint.
- How coworkers who didn't complain were treated.
What to do, step by step
Put your complaint in writing
If you complained only verbally, send a short follow-up e-mail summarizing it. That creates a dated record.
Keep working and keep records
Follow normal rules, keep a dated log of each change in treatment, and save messages.
File with the Department of Labor
Contact the Division of Labor Standards (1-888-52-LABOR) or file the LS223 form, which covers retaliation for Labor Law complaints. Filing with the DOL pauses the two-year court deadline while the DOL acts.
Or sue
You can go to court without filing with the DOL first. Before or when you start the case, you must serve notice of it on the Attorney General (§ 215(2)(b)).
What not to do
- Don't quit in anger without advice — it can complicate unemployment benefits and your claim.
- Don't take company documents you aren't allowed to access; keep your own notes and messages instead.
- Don't sign a separation agreement that releases your claims without understanding what you're giving up.
- Don't wait: the two-year deadline runs from the retaliation.
When to send a demand letter
A letter can work when the retaliation is reversible — for example, hours were cut or a shift was changed. Describe your complaint, the date, what happened after, and ask that it be reversed by a set date, noting that Labor Law § 215 prohibits retaliation. If you were fired, it's usually better to file with the DOL or talk to a lawyer first.
When to go to court
If the DOL route doesn't resolve it, or you want reinstatement and full damages, file in court within two years of the retaliation (§ 215(2)(a)). Because the court can award attorney's fees, many employment lawyers will look at a strong retaliation case. If the retaliation was for reporting a violation of any law or a danger to public safety (not just the Labor Law), look also at the whistleblower law, § 740; if it was for complaining about discrimination or harassment, see the discrimination pages.
What evidence to keep
- Your complaints and their dates
- Before-and-after schedules and pay stubs
- Write-ups and reviews
- Messages with managers
- Names of witnesses
Frequently asked questions
My complaint turned out to be wrong. Am I still protected?
Yes, if you reasonably and in good faith believed the conduct violated the Labor Law (§ 215(1)(a)).
My boss threatened to call immigration after I asked for my wages. Is that retaliation?
Yes. Section 215 specifically includes threatening to contact or contacting immigration authorities about you or your family. The DOL says all workers have these rights regardless of immigration status.
I got attendance points for using sick leave. Is that allowed?
Section 215 treats assessing demerits, occurrences or points that could lead to discipline for a legally protected absence as retaliation.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Labor Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 215 · Checked: October 30, 2026What retaliation is, who is protected, DOL and court remedies, two-year deadline, notice to the Attorney General
- Retaliation — NYS Department of Labor (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Examples of retaliation and how to contact Labor Standards
- Unpaid/Withheld Wages and Wage Supplements — How to File a Claim (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Retaliation can be included on the LS223 claim
- 29 U.S.C. § 215(a)(3) — Retaliation (FLSA) (opens in a new tab)United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · 29 U.S.C. § 215(a)(3) · Checked: October 30, 2026Federal anti-retaliation rule
Related questions
- Do I have to be right that the law was broken? · Whistleblower protection in New York: reporting illegal activity or safety dangers at work
- I was fired after refusing to do something illegal. Am I protected? · Whistleblower protection in New York: reporting illegal activity or safety dangers at work
- Will my employer find out I filed? · How to file a wage claim with the New York State Department of Labor
- Can I file if I'm undocumented? · How to file a wage claim with the New York State Department of Labor
- Can my employer fire me without a reason in New York? · Fired or laid off in New York: what to do in the first days and what you may be owed
- When do I get my last paycheck? · Fired or laid off in New York: what to do in the first days and what you may be owed
Related guides
- Your rightWhistleblower protection in New York: reporting illegal activity or safety dangers at work
- How toHow to file a wage claim with the New York State Department of Labor
- What to do nowFired or laid off in New York: what to do in the first days and what you may be owed
- SituationDiscrimination at work in New York: your rights under the Human Rights Law and where to file
- Your rightPaid sick leave in New York: up to 40 or 56 hours a year, plus more in New York City
- QuestionWhen do you get your final paycheck in New York after quitting or being fired?
This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.