S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    355
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, GOTTFRIED, 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:
   § 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;
   B.  IN THE CASE OF UNLAWFUL RETALIATION, ALL LEGAL OR EQUITABLE RELIEF
 AS MAY BE APPROPRIATE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01721-01-7

 A. 355                              2
 
   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.
   § 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.