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This entry was published on 2014-09-22
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SECTION 375-A
Prohibition against retaliatory action
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 9
§ 375-a. Prohibition against retaliatory action. 1. Definitions. For
purposes of this section:

(a) "Employee" means an individual who is a driver or operator of a
motor vehicle which has a registered maximum gross weight of eighteen
thousand pounds or more and performs services for and under the control
and direction of an employer for wages or other remuneration.

(b) "Employer" means any registered owner of a motor vehicle which has
a registered maximum gross weight of eighteen thousand pounds or more or
any person, firm, partnership, institution, corporation, or association
that employs one or more employees as herein defined.

(c) "Retaliatory personnel action" means the discharge, suspension or
demotion of an employee, or other adverse employment action taken
against an employee in the terms and conditions of employment.

2. Prohibition. An employer shall not take any retaliatory personnel
action against an employee because the employee objected to or refused
to operate a motor vehicle which the employee reasonably believes fails
to comply with the provisions of subdivision one, insofar as such
subdivision concerns brakes and steering mechanism, paragraph (a) of
subdivision two, paragraph a of subdivision ten, subdivision eighteen,
eighteen-a, twenty-five, paragraph (c) of subdivision thirty-five,
thirty-nine, forty or forty-two of section three hundred seventy-five,
or section three hundred seventy-six or section three hundred eighty-a
of this chapter relating to required equipment of such vehicle or its
proper repair.

3. Application. The protection against any retaliatory personnel
action found in subdivision two of this section shall apply only to an
employee who has brought the above mentioned violations of sections
three hundred seventy-five, three hundred seventy-six and/or three
hundred eighty-a to the attention of his employer in writing and has
afforded such employer a reasonable opportunity to correct such
violation.

4. Violation; remedy. An employee who has been subjected to a
retaliatory personnel action in violation of this section may institute
a civil action in a court of competent jurisdiction for relief as set
forth in subdivision five of section seven hundred forty of the labor
law within one year after the alleged retaliatory personnel action was
taken. The commissioner or his agent may deny a registration application
of any other person for the same vehicle where he has reasonable grounds
to believe that such registration will have the effect of defeating the
purpose of this subdivision.

5. Existing rights. Nothing in this section shall be deemed to
diminish the rights, privileges, or remedies of any employee under any
collective bargaining agreement or employment contract.