NYC Proposed Bill Would Provide Employees with a Private Right of Action under New York City's Earned Safe and Sick Time Law

On July 14, 2022, the New York City Council introduced legislation that would allow employees to file a civil action against their employers to enforce their rights under the New York City Earned Safe and Sick Time Law. Currently, employees seeking recourse are limited to filing an administrative complaint with the New York City Department of Consumer and Worker Protection.

If enacted as drafted, the legislation would go into effect on January 1, 2023. Employees would not have to file any complaint with the Department or otherwise exhaust any administrative remedies prior to commencing a civil action. Moreover, employees who file a lawsuit would be able to seek an award of compensatory damages (possibly in addition to certain existing financial remedies), injunctive and declaratory relief, as well as attorneys' fees and costs.

The proposed bill was referred to the New York City Council's Committee on Civil Service and Labor; at this time, it is unknown if and when it will be considered by the entire Council. 

This document is designed for general information only. The information presented on this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below: 📧kevin@kmckernan.com or 📞718-317-5007

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A proposed bill in New York City would give employees a private right of action under NYC's Paid Safe and Sick Leave Law.