The New York City Council recently amended the New York City Earned Safe and Sick Time Act (“ESSTA”), to create a private right of action for employees claiming violations of ESSTA. Employees will have two years from the date they first knew or should have known about the alleged violation to file a lawsuit.  The new law becomes effective March 20, 2024.

Previously, employees alleging violations of the ESSTA could only seek administrative action by filing a complaint with the Department of Consumer and Worker Protection (“DCWP”).  The new law amends Section 20-924 of the administrative code of the city of New York to allow any person to “commence a civil action in any court of competent jurisdiction” alleging a violation of the ESSTA “within 2 years of the date the person knew or should have known of the alleged violation,” and the filing of a complaint with the DCWP will be “neither a prerequisite nor a bar to bringing a civil action.”

When a complaint is filed with the DCWP, it proceeds with an investigation.  If an employee files a private cause of action alleging the same violation, the DCWP will stay its investigation until the DCWP is notified the civil action is withdrawn or dismissed without prejudice. Upon notice of a final judgment or settlement in the civil action, the department will dismiss the complaint unless the department determines the complaint alleges a violation not resolved by such judgment or settlement.

Pursuant to the new law, any violation of the ESSTA’s provisions for the accrual and use of safe or sick leave could result in $500 in civil penalties for the first violation and up to $750 for a second violation and up to $1,000 for each succeeding violation within two years of “any previous violation.  In addition, complainants will be able to recover injunctive and declaratory relief, attorneys’ fees and costs, and other damages deemed appropriate.

New York City employers should review their policies to ensure compliance with all of the ESSTA’s requirements.  Should you have any questions or need assistance with submission process, please contact Ali Law Group.