Bill Text: NY A01254 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to civil actions brought by employees for violations of an employer violating safety and health standards or workplace violence.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A01254 Detail]

Download: New_York-2023-A01254-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1254--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. JOYNER, ARDILA, TAYLOR, GIBBS -- Multi-Sponsored
          by -- M. of A.  SEAWRIGHT -- read once and referred to  the  Committee
          on  Labor  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the labor law, in relation to civil actions  brought  by
          employees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 10 of section 27-a of the labor law is  amended
     2  by adding a new paragraph e to read as follows:
     3    e. An employee may bring a civil action in a court of competent juris-
     4  diction  against any employer alleged to have violated the provisions of
     5  this section. Such action must be commenced  within  three  years  after
     6  such violation. The court shall have jurisdiction to order all appropri-
     7  ate  relief,  including  enjoining the conduct of any employer; ordering
     8  payment of costs and reasonable attorneys' fees to the employee  by  the
     9  entity  in  violation;  and  ordering  rehiring  or reinstatement of the
    10  employee to his or her former position with restoration of seniority  or
    11  an  award  of  front  pay in lieu of reinstatement, and an award of lost
    12  compensation and damages, costs  and  reasonable  attorneys'  fees.  The
    13  statute of limitations shall be tolled from the date an employee files a
    14  complaint  with the commissioner or the commissioner commences an inves-
    15  tigation, whichever is earlier, until an order to comply issued  by  the
    16  commissioner  becomes final, or where the commissioner does not issue an
    17  order, until the date on which the commissioner notifies the complainant
    18  that the investigation has concluded. Investigation by the  commissioner
    19  shall  not  be  a  prerequisite to nor a bar against a person bringing a
    20  civil action under this section.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04469-02-3