* § 786. Unlawful retaliation. 1. No person, including but not limited to an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or take adverse action against any person for exercising any rights conferred under this article, or for being perceived as exercising rights conferred by this article, including but not limited to:

1. (a) Initiating a request for information about a quota or personal work speed data pursuant to subdivision one of section seven hundred eighty-five of this article.
2. (b) Making a complaint related to a quota alleging any violation of section seven hundred eighty-one, seven hundred eighty-two, seven hundred eighty-three, or seven hundred eighty-five of this article to the commissioner, any other local, state, or federal governmental agency or official, or the employer.
3. 2. An employee need not explicitly refer to this article or the rights enumerated herein to be protected from an adverse action. Protections of this section shall apply to former employees and to employees who mistakenly but in good faith allege violations of this article.
4. 3. If a person takes adverse action against an employee within ninety days of the employee's engaging or attempting to engage in activities protected by this article, such conduct shall raise a rebuttable presumption that the action is an adverse action in violation of this article. Such presumption may be rebutted by clear and convincing evidence that: (a) the action was taken for other permissible reasons; and (b) the engaging or attempting to engage in activities protected by this article was not a motivating factor in the adverse action. * NB Effective February 19, 2023