New York City has enacted a law (Int. 0563-2022) that eases the process for an employee to file an Earned Safe and Sick Time Act lawsuit. Int. 0563-2022 takes effect on March 20, 2024.
The details
As background, before a judge can rule on a case alleging a violation of the Earned Safe and Sick Time Act (ESSTA), an individual must file a complaint with the New York City Department of Consumer and Worker Protection (DCWP) and the DCWP must investigate the claim.
In October of 2023, New York City issued a Final Rule relating to ESSTA that clarified topics such as calculating employer size, covered employees, calculating the rate of pay for safe and sick time purposes, accrual and pay statement requirements.
Int. 0563-2022
Int. 0563-2022 amends Section 20-924 of the New York City administrative code to:
· Require lawsuits to be filed within two years of learning of an ESSTA violation; and
· Remove the requirement for an individual to notify or file a complaint with the DCWP before filing an ESSTA lawsuit in court.
Note: An individual may file a lawsuit and a DCWP complaint for the same violation. See the text of the law for details on DCWP processes.
Enforcement
Entities found to have violated ESSTA may face penalties on a per employee, per instance basis. See the text of the law for further details.
Next steps
Review safe and sick leave policies to help ensure compliance with ESSTA and prepare for Int. 0563-2022 by March 20, 2024.