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New Protected Activity ' Displaying the Flag

By ALM Staff | Law Journal Newsletters |

The realm of protected activity has been expanded by the New York Legislature to include the display of the American flag by an employee on that employee's person or in his/her workstation. (Labor Law ' 215-c). An employer who punishes an employee for displaying the Stars and Stripes is subject to a civil fine up to $2,000 imposed by the Commissioner of Labor. In addition, a victim of such discrimination may bring a civil action within 2 years of the wrongful act, and may be awarded 'all appropriate relief, including rehiring or reinstatement of employee to his former position with restoration of seniority, payment of lost compensation, damages, and reasonable attorneys' fees.' An employee is not entitled to the protection of '215-c, however, where the display of the flag substantially or materially interferes with the employee's job duties.

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