§ 231. Employee rights

(a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself, herself, or others of any right afforded by this chapter.

(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within 30 days after such violation occurs, file a complaint with the Commissioner alleging such discrimination. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as he or she deems appropriate. If upon such investigation, the Commissioner determines that the provisions of this section have been violated, he or she shall bring an action in any appropriate State court against such person. In any such action, the State courts shall have jurisdiction, for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief, including rehiring or reinstatement of the employee to his or her former position with back pay.

(c) Within 90 days of the receipt of a complaint filed under this section, the Commissioner shall notify the complainant of his or her determination under subsection (b) of this section. (Added 1973, No. 214 (Adj. Sess.), § 20.)