October 3, 2022

Volume XII, Number 276

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September 30, 2022

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Proposed Bill Would Provide Employees with a Private Right of Action Under New York City’s Earned Safe and Sick Time Act

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 Act. 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 Jan. 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, and, at this time, it is unknown if and when it will be considered by the entire Council.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 209
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About this Author

Jonathan L. Bing Corporate Attorney Greenberg Traurig Law Firm
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Jonathan L. Bing is an experienced advocate who advises corporate, association and nonprofit clients in the entertainment, financial services, health care, transportation, and social services industries. He helps clients advance legislation in the New York State Legislature and New York City Council, secure funding from state and city budgets, and navigate New York government.

Jonathan represents a wide range of clients, including the third-largest hospital system in New York City, “Big Four” national accounting and advertising companies, the 700-member national trade association...

518.689.1400
Jason Jendrewski Attorney Labor and Employment Greenberg Traurig New York
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Jason B. Jendrewski is an experienced counselor regarding a wide range of labor and employment law and public accommodation disability access issues. He defends employers and public accommodations in federal and state courts as well as in administrative proceedings before government agencies, such as the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Commission on Human Rights, U.S. Department of Labor, New York State Department of Labor, and U.S. Department of Justice.

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212-801-9268
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