On Jan. 20, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years of learning of an alleged violation.
The new law will allow any person alleging violations of the ESSTA to file lawsuits with or without filing a complaint with the Department of Consumer and Worker Protection (DCWP). Plaintiffs will have two years from learning of a potential violation to file such a claim.
The new law, which was passed by the New York City Council on Dec. 20, 2023, was adopted after New York City Mayor Eric Adams returned the bill unsigned. It will take effect on March 20.
The ESSTA generally provides covered employees the right to use safe and sick leave for the care and treatment of themselves or a family member, and to seek legal and social services to protect themselves or a family member who may be a victim of domestic violence, unwanted sexual contact, stalking, or human trafficking. The ESSTA requires employers to provide employees between 40 and 56 hours of paid or unpaid leave, depending on the size of the employer.
In October 2023, the DCWP finalized new regulations to amend its regulations concerning the ESSTA to align with amendments to the law passed in 2020. The new regulations clarify how employer size will be determined, explain how remote workers will be counted, and flesh out notice requirements and accrual methods.
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