It is illegal for an employer to fire or retaliate against you for raising safety concerns at work, engaging in protected concerted activity, or filing a complaint with a government agency.
New York laws protect whistleblowers. Specifically, sections 215 and 740 of NYS Labor Law protect workers from retaliation.
To file a complaint with the NYS Department of Labor, click here or call 1-888 4-NYSDOL (469-7365).
Federal health and safety law—specifically, section 11(c) of the Occupational Safety and Health Act—is enforced by OSHA and protects employees from retaliation. NOTE: You must file your complaint with OSHA within 30 days of the retaliatory action.
To file a complaint with OSHA, visit https://www.osha.gov/whistleblower/WBComplaint.html or call 1-800-321-6742.
Federal labor law protects workers who engaged in concerted activity from employer retaliation, and complaints can be filed with the National Labor Relations Board.
To file a complaint with the NLRB, visit https://www.nlrb.gov/how-we-work/fillable-forms or call 1-866-667-NLRB (6572).
If your employer retaliates against you for raising safety concerns, you can also consult with an attorney to file a claim.
See NELP’s Toolkit for more about rights and resources.
For more information on Section 11(c), see The OSH Law Project’s “Stand Up Without Fear: Understanding the OSH Act’s Retaliation Provisions” toolkit.