NYC Administrative Code

§ 20-1208 — Specific administrative remedies for employees or former employees.

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What is NYC AC § 20-1208?

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This section outlines specific administrative remedies available to employees or former employees for violations of the chapter. The Department may provide compensatory damages, compliance orders, and various monetary penalties based on the nature of the violations. Applies to employers in relation to their employees' rights and remedies.

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§ 20-1208 Specific administrative remedies for employees or former employees.

AC § 20-1208

Editor's note: this section has been amended by L.L. 2026/052, 1/29/2026, eff. 7/28/2026. a. For violations of this chapter, the department may grant the following relief to employees or former employees: 1. All compensatory damages and other relief required to make the employee or former employee whole; 2. An order directing compliance with the notice and posting of rights and recordkeeping requirements set forth in sections 20-1205 and 20-1206; and 3. For each violation of: (a) Section 20-1204, (1) Rescission of any discipline issued, reinstatement of any employee terminated and payment of back pay for any loss of pay or benefits resulting from discipline or other action taken in violation of section 20-1204; (2) $500 for each violation not involving termination; and (3) $2,500 for each violation involving termination; (b) Section 20-1221, $200 and an order directing compliance with section 20-1221; (c) Section 20-1222, payment of schedule change premiums withheld in violation of section 20-1222 and $300; (d) Section 20-1231, payment as required under section 20-1231, $500 and an order directing compliance with section 20-1231; (e) Section 20-1241, $300 and an order directing compliance with section 20-1241; (f) Subdivision a of section 20-1251, the greater of $500 or such employee's actual damages; (g) Subdivisions a and b of section 20-1252, $300; and (h) Subdivision a or b of section 20-1262, $500 and an order directing compliance with such subdivision, provided, however, that an employer who fails to provide an employee with the written response required by subdivision a of section 20-1262 may cure the violation without a penalty being imposed by presenting proof to the satisfaction of the department that it provided the employee with the required written response within seven days of the department notifying the employer of the opportunity to cure. b. For each violation of section 20-1272, the department shall order reinstatement or restoration of hours of the fast food employee, unless waived by the fast food employee. The department may, in addition, grant the following relief: $500 for each violation, an order directing compliance with section 20-1272, rescission of any discipline issued, payment of back pay for any loss of pay or benefits resulting from the wrongful discharge, and any other equitable relief as may be appropriate. c. The relief authorized by this section shall be imposed on a per employee and per instance basis for each violation. (L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2018/069, 1/19/2018, eff. 7/18/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/002, 1/5/2021, eff. 9/2/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/069, L.L. 2020/080, L.L. 2021/002 and L.L. 2026/052.

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