N.Y. Labor Law 786 – Unlawful retaliation
§ 786. Unlawful retaliation. For purposes of this article, there shall be a rebuttable presumption of unlawful retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against any employee within ninety days of the employee doing either of the following:
Terms Used In N.Y. Labor Law 786
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee: means an employee who is not exempt from the minimum wage and any overtime compensation provisions of this chapter and any applicable minimum wage orders and who works at a warehouse distribution center and is subject to a quota as defined in this section; provided, however, that "employee" does not include a driver or courier to or from a warehouse distribution center. See N.Y. Labor Law 780
- Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or one thousand or more employees at one or more warehouse distribution centers in the state. See N.Y. Labor Law 780
- Quota: means a work standard which:
(a) an employee is assigned or required to perform: at a specified productivity speed; or a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period; or under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See N.Y. Labor Law 780
1. Initiating the employee's first request in a calendar year for information about a quota or personal work speed data pursuant to subdivisions one through three of section seven hundred eighty-five of this article.
2. Making a complaint related to a quota alleging any violation of sections seven hundred eighty-one to seven hundred eighty-five of this article, inclusive, to the commissioner, the department, other local or state governmental agency, or the employer.