NYC Passes Law Creating Private Right of Action for Violations of the Earned Safe and Sick Time Act
On January 20, 2024, New York City passed a law creating a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”).
Effective March 20, 2024, an employee may bring an action in court within two years of discovery an ESTTA violation. Presently, employees are required to file an administrative complaint with the Department of Consumer and Worker Protections (“DCWP”), which is required to investigate the claim and keep the complainant notified on progress. Filing of an administrative complaint will no longer be required and will not be a bar to filing a civil lawsuit.
Penalties will be levied against employers on a per employee and per instance basis, holding employers liable for $500-$1,000 in penalties per violation. Additionally, Plaintiffs will be eligible to recover compensatory damages, injunctive and declaratory relief, attorney’s fees and costs and other damages. Given these changes, it is imperative that employers ensure they are in compliance with the ESSTA to avoid potential legal challenges and financial penalties.
QUESTIONS? If you have any questions or concerns regarding the Earned Safe and Sick Time Act, or other employment law questions, please contact:
Heather Adelman, Esq. | hadelman@hdrbb.com | 201.649.8066
Maralee Sanders, Esq. | msanders@hdrbb.com | 201.649.8073