Under a new law enacted on January 20 in New York City, workers will gain the right to initiate legal action against their employers for breaches of the city’s Earned Safe and Sick Time Act (ESSTA). This significant development empowers employees, enabling them to seek redress in court for violations related to paid or unpaid leave entitlements under ESSTA. The legislation mandates that businesses with five to 99 employees provide up to 40 hours of paid leave annually, while those with 100 or more employees are required to offer up to 56 hours of paid leave each year. This leave can be used for personal or family care, as well as in situations involving domestic violence or human trafficking, without the necessity for prior notice to the employer if the need for leave arises unexpectedly.
With the new law coming into effect on March 20, individuals who believe their employer has failed to comply with ESSTA can file a civil lawsuit within two years of the alleged infraction. The scope of potential relief for plaintiffs is broad, encompassing compensatory damages, attorney’s fees, and costs. This marks a departure from the previous system, where employees had to lodge complaints of ESSTA violations exclusively with the city’s Department of Consumer and Worker Protection (DCWP). While the DCWP could escalate valid complaints to an administrative tribunal, the new law permits claims to be pursued both through the DCWP and in the judicial system. Additionally, the DCWP is now tasked with reporting the number of civil actions filed, to the extent it is aware of them.
This legal amendment reflects a broader trend, with states like New York, Massachusetts, New Mexico, and Colorado already incorporating a private right of action into their paid sick day statutes. This mechanism allows workers to directly sue their employers for violations, thereby facilitating access to equitable relief and the potential for class-action lawsuits in cases of widespread non-compliance. Council Member Gale Brewer highlighted the significance of this change, pointing out the enhanced accessibility of equitable relief through the courts, especially for workers who face job loss as a consequence of taking legally protected sick leave.
