§ 375-a. Prohibition against retaliatory action. 1. Definitions. For\npurposes of this section:\n (a) "Employee" means an individual who is a driver or operator of a\nmotor vehicle which has a registered maximum gross weight of eighteen\nthousand pounds or more and performs services for and under the control\nand direction of an employer for wages or other remuneration.\n (b) "Employer" means any registered owner of a motor vehicle which has\na registered maximum gross weight of eighteen thousand pounds or more or\nany person, firm, partnership, institution, corporation, or association\nthat employs one or more employees as herein defined.\n (c) "Retaliatory personnel action" means the discharge, suspension or\ndemotion of an employee, or other adverse employment action taken\nagainst an employee in the terms and conditions of employment.\n 2. Prohibition. An employer shall not take any retaliatory personnel\naction against an employee because the employee objected to or refused\nto operate a motor vehicle which the employee reasonably believes fails\nto comply with the provisions of subdivision one, insofar as such\nsubdivision concerns brakes and steering mechanism, paragraph (a) of\nsubdivision two, paragraph a of subdivision ten, subdivision eighteen,\neighteen-a, twenty-five, paragraph (c) of subdivision thirty-five,\nthirty-nine, forty or forty-two of section three hundred seventy-five,\nor section three hundred seventy-six or section three hundred eighty-a\nof this chapter relating to required equipment of such vehicle or its\nproper repair.\n 3. Application. The protection against any retaliatory personnel\naction found in subdivision two of this section shall apply only to an\nemployee who has brought the above mentioned violations of sections\nthree hundred seventy-five, three hundred seventy-six and/or three\nhundred eighty-a to the attention of his employer in writing and has\nafforded such employer a reasonable opportunity to correct such\nviolation.\n 4. Violation; remedy. An employee who has been subjected to a\nretaliatory personnel action in violation of this section may institute\na civil action in a court of competent jurisdiction for relief as set\nforth in subdivision five of section seven hundred forty of the labor\nlaw within one year after the alleged retaliatory personnel action was\ntaken. The commissioner or his agent may deny a registration application\nof any other person for the same vehicle where he has reasonable grounds\nto believe that such registration will have the effect of defeating the\npurpose of this subdivision.\n 5. Existing rights. Nothing in this section shall be deemed to\ndiminish the rights, privileges, or remedies of any employee under any\ncollective bargaining agreement or employment contract.\n
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