On January 20, 2024, the New York City Council enacted a bill that amends the New York City Earned Safe and Sick Time Act (ESSTA) to permit employees who allege a violation of ESSTA to file a lawsuit to enforce their claims.
Potential remedies include compensatory damages, injunctive and declaratory relief, as well as attorneys' fees and costs. Any lawsuit must be filed within two years of the date the aggrieved employee knew or should have known of the alleged violation.
This private right of action is in addition to being able to file an administrative complaint with the New York City Department of Consumer and Worker Protection (DCWP). Going forward, the DCWP may impose penalties for "each instance" of non-compliance.
This amendment takes effect 60 days after it became law, which is March 20, 2024.
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