§ 26-3807 Private right of action.
AC § 26-3807
a. Except as otherwise provided by law, any person claiming to be aggrieved by a violation of this section shall have a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and other such remedies as may be appropriate, unless such person has filed a complaint with the comptroller with respect to such claim. In an action brought by a construction worker, if the court finds in favor of the employee, it shall award the employee, in addition to other relief, reasonable attorney’s fees and costs. b. Notwithstanding any inconsistent provision of paragraph a of this subdivision where a complaint filed with the comptroller is dismissed, any person claiming to be aggrieved by a violation of this section shall maintain all rights to commence a civil action pursuant to this chapter as if no such complaint had been filed. c. A civil action commenced under this section shall be commenced in accordance with subdivision 2 of section 214 of New York civil practice laws and rules. d. No procedure or remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights hereunder in a court of law. This section shall not be construed to limit an employee’s right to bring a common law cause of action for wrongful termination. e. Notwithstanding any inconsistent provision of this section or of any other general, special, or local law, ordinance, city charter or administrative code, a construction worker affected by this law shall not be barred from the right to recover the difference between the amount paid to the employee and the amount which should have been paid to the employee under the provisions of this section because of the prior receipt of the employee without protest of wages or benefits paid, or on account of the construction worker’s failure to state orally or in writing upon any payroll or receipt which the employee is required to sign that the wages or benefits received by the employee are received under protest, or on account of the employee’s failure to indicate a protest against the amount, or that the amount so paid does not constitute payment in full wages or benefits due to the employee for the period covered by such payment. f. Any person who is a victim of retaliation shall be entitled to all relief necessary to make such person whole, including, but not limited to: 1. An injunction to restrain any adverse or retaliatory action; 2. Reinstatement to the position such employee would have had but for such action, or to an equivalent position; and 3. Reinstatement of full benefits and seniority rights including payment of any missed back pay, plus interest. (L.L. 2026/021, 1/17/2026, eff. 1/1/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/021.
