N.Y. CPLR § 5252

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5252 Discrimination against employees and prospective employeesbased upon wage assignment or income execution. 1 § 5252. Discrimination against employees and prospective employeesbased upon wage assignment or income execution. 1. No employer shalldischarge, lay off, refuse to promote, or discipline an employee, orrefuse to hire a prospective employee, because one or more wageassignments or income executions have been served upon such employer ora former employer against the employee's or prospective employee's wagesor because of the pendency of any action or judgment against suchemployee or prospective employee for nonpayment of any allegedcontractual obligation. In addition to being subject to the civil actionauthorized in subdivision two of this section, where any employerdischarges, lays off, refuses to promote or disciplines an employee orrefuses to hire a prospective employee because of the existence of oneor more income executions and/or income deduction orders issued pursuantto section fifty-two hundred forty-one or fifty-two hundred forty-two ofthis article, the court may direct the payment of a civil penalty not toexceed five hundred dollars for the first instance and one thousanddollars per instance for the second and subsequent instances of employeror income payor discrimination. The penalty shall be paid to thecreditor and may be enforced in the same manner as a civil judgment orin any other manner permitted by law.2. An employee or prospective employee may institute a civil actionfor damages for wages lost as a result of a violation of this sectionwithin ninety days after such violation. Damages recoverable shall notexceed lost wages for six weeks and in such action the court also mayorder the reinstatement of such discharged employee or th ninety days after such violation. Damages recoverable shall notexceed lost wages for six weeks and in such action the court also mayorder the reinstatement of such discharged employee or the hiring ofsuch prospective employee. Except as provided for in subdivision (g) ofsection fifty-two hundred forty-one, not more than ten per centum of thedamages recovered in such action shall be subject to any claims,attachments or executions by any creditors, judgment creditors orassignees of such employee or prospective employee. A violation of thissection may also be punished as a contempt of court pursuant to theprovisions of section seven hundred fifty-three of the judiciary law.