S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   261

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ROSENTHAL, QUART -- read once and referred to the
  Committee on Judiciary

AN  ACT  to  amend  the general business law, in relation to providing a
  private right of  action  for  nail  specialists  aggrieved  by  their
  employer  in  the  case  of a health and safety violation, retaliatory
  action, or general labor issues

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
415-a to read as follows:
  S  415-A. PRIVATE RIGHT OF ACTION. 1. A NAIL SPECIALIST AGGRIEVED BY A
VIOLATION OF ARTICLE THREE OR ARTICLE NINE OF THE WORKERS'  COMPENSATION
LAW  RELATED  TO  OCCUPATIONAL DISEASES AND DISABILITY BENEFITS, SECTION
TWO HUNDRED OF THE LABOR LAW RELATED TO THE GENERAL DUTY TO PROTECT  THE
HEALTH  AND  SAFETY OF EMPLOYEES, TITLE ONE OF ARTICLE FIVE OF THE LABOR
LAW RELATED TO THE GENERAL HOURS OF LABOR, OR ARTICLE  TWENTY-C  OF  THE
LABOR  LAW  RELATING  TO RETALIATORY ACTION BY EMPLOYERS OR SECTION FOUR
HUNDRED FOUR-A OF THIS ARTICLE OR ANY OTHER PROVISION  OF  THIS  CHAPTER
RELATED TO THE HEALTH AND SAFETY OF EMPLOYEES, OR ANY RULE OR REGULATION
ADOPTED  THERETO  MAY  FILE SUIT IN A COURT OF COMPETENT JURISDICTION IN
THE STATE, IN THE COUNTY WHERE THE ALLEGED OFFENSE OCCURRED OR WHERE ANY
NAIL SPECIALIST WHO IS PARTY TO THE ACTION RESIDES, AGAINST  AN  APPEAR-
ANCE  ENHANCEMENT BUSINESS EMPLOYER OR A THIRD PARTY CLIENT. ACTIONS MAY
BE BROUGHT BY ONE OR MORE NAIL SPECIALISTS FOR AND ON  BEHALF  OF  THEM-
SELVES  AND OTHER NAIL SPECIALISTS SIMILARLY SITUATED. A NAIL SPECIALIST
WHOSE RIGHTS HAVE BEEN VIOLATED BY AN APPEARANCE ENHANCEMENT BUSINESS OR
A THIRD PARTY CLIENT IS ENTITLED TO COLLECT:
  A. IN THE CASE OF A HEALTH AND SAFETY OR NOTICE VIOLATION, COMPENSATO-
RY DAMAGES AND AN AMOUNT UP TO FIVE HUNDRED DOLLARS FOR EACH VIOLATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02017-01-3
              

A. 261                              2

  B. IN THE CASE OF UNLAWFUL RETALIATION, ALL LEGAL OR EQUITABLE  RELIEF
AS MAY BE APPROPRIATE; AND
  C.  IN  ALL  CASES,  THE  NAIL  SPECIALISTS MUST BE AWARDED REASONABLE
ATTORNEY'S FEES AND COURT COSTS.
  2. THE RIGHT OF AN AGGRIEVED PERSON TO  BRING  AN  ACTION  UNDER  THIS
SECTION TERMINATES UPON THE PASSING OF SIX YEARS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly  the  addition,  amendment, and/or repeal   of any rule or regulation
necessary for the timely implementation of this  act  on  its  effective
date  is  hereby  authorized  and  directed to be made on or before such
effective date.