Starting on February 19, 2023, employers are going to be subject to claims of retaliation if they discipline their workers for legally protected absences because Governor Hochul has signed A8092B.
Specifically, Labor Law section 215 was amended to make clear that absences protected by federal, local, or state law, which result in discharge or penalty are now subject to a lawsuit that can result in liquidated damages, costs and attorneys' fees.
This new law further clarifies that actionable discipline includes "assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay."
