Assembly Bill A1254A

2023-2024 Legislative Session

Relates to civil actions brought by employees

download bill text pdf

Sponsored By

Current Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1254 - Details

See Senate Version of this Bill:
S5062
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A10553

2023-A1254 - Summary

Relates to civil actions brought by employees for violations of an employer violating safety and health standards or workplace violence.

2023-A1254 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1254
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to amend the labor law, in relation to civil actions brought by
   employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 10 of section 27-a of the labor law is amended
 by adding a new paragraph e to read as follows:
   E. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
 DICTION AGAINST ANY EMPLOYER ALLEGED TO HAVE VIOLATED THE PROVISIONS  OF
 THIS  SECTION.  SUCH  ACTION  MUST BE COMMENCED WITHIN THREE YEARS AFTER
 SUCH VIOLATION. THE COURT SHALL HAVE JURISDICTION TO ORDER ALL APPROPRI-
 ATE RELIEF, INCLUDING ENJOINING THE CONDUCT OF  ANY  EMPLOYER;  ORDERING
 PAYMENT  OF  COSTS AND REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE BY THE
 ENTITY IN VIOLATION; AND  ORDERING  REHIRING  OR  REINSTATEMENT  OF  THE
 EMPLOYEE  TO HIS OR HER FORMER POSITION WITH RESTORATION OF SENIORITY OR
 AN AWARD OF FRONT PAY IN LIEU OF REINSTATEMENT, AND  AN  AWARD  OF  LOST
 COMPENSATION  AND  DAMAGES,  COSTS  AND  REASONABLE ATTORNEYS' FEES. THE
 STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN EMPLOYEE FILES A
 COMPLAINT WITH THE COMMISSIONER OR THE COMMISSIONER COMMENCES AN  INVES-
 TIGATION,  WHICHEVER  IS EARLIER, UNTIL AN ORDER TO COMPLY ISSUED BY THE
 COMMISSIONER BECOMES FINAL, OR WHERE THE COMMISSIONER DOES NOT ISSUE  AN
 ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER NOTIFIES THE COMPLAINANT
 THAT  THE INVESTIGATION HAS CONCLUDED. INVESTIGATION BY THE COMMISSIONER
 SHALL NOT BE A PREREQUISITE TO NOR A BAR AGAINST  A  PERSON  BRINGING  A
 CIVIL ACTION UNDER THIS SECTION.
   §  2.  Subdivision  6  of  section 27-a of the labor law is amended by
 adding a new paragraph e to read as follows:
   E. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
 DICTION AGAINST ANY EMPLOYER ALLEGED TO HAVE VIOLATED THE PROVISIONS  OF
 THIS  SECTION.  SUCH  ACTION  MUST BE COMMENCED WITHIN THREE YEARS AFTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04469-01-3

co-Sponsors

multi-Sponsors

2023-A1254A (ACTIVE) - Details

See Senate Version of this Bill:
S5062
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
A10553

2023-A1254A (ACTIVE) - Summary

Relates to civil actions brought by employees for violations of an employer violating safety and health standards or workplace violence.

2023-A1254A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1254--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. JOYNER, ARDILA, TAYLOR, GIBBS -- Multi-Sponsored
   by -- M. of A.  SEAWRIGHT -- read once and referred to  the  Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to civil actions  brought  by
   employees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 27-a of the labor law is  amended
 by adding a new paragraph e to read as follows:
   E. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURIS-
 DICTION  AGAINST ANY EMPLOYER ALLEGED TO HAVE VIOLATED THE PROVISIONS OF
 THIS SECTION. SUCH ACTION MUST BE COMMENCED  WITHIN  THREE  YEARS  AFTER
 SUCH VIOLATION. THE COURT SHALL HAVE JURISDICTION TO ORDER ALL APPROPRI-
 ATE  RELIEF,  INCLUDING  ENJOINING THE CONDUCT OF ANY EMPLOYER; ORDERING
 PAYMENT OF COSTS AND REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE  BY  THE
 ENTITY  IN  VIOLATION;  AND  ORDERING  REHIRING  OR REINSTATEMENT OF THE
 EMPLOYEE TO HIS OR HER FORMER POSITION WITH RESTORATION OF SENIORITY  OR
 AN  AWARD  OF  FRONT  PAY IN LIEU OF REINSTATEMENT, AND AN AWARD OF LOST
 COMPENSATION AND DAMAGES, COSTS  AND  REASONABLE  ATTORNEYS'  FEES.  THE
 STATUTE OF LIMITATIONS SHALL BE TOLLED FROM THE DATE AN EMPLOYEE FILES A
 COMPLAINT  WITH THE COMMISSIONER OR THE COMMISSIONER COMMENCES AN INVES-
 TIGATION, WHICHEVER IS EARLIER, UNTIL AN ORDER TO COMPLY ISSUED  BY  THE
 COMMISSIONER  BECOMES FINAL, OR WHERE THE COMMISSIONER DOES NOT ISSUE AN
 ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER NOTIFIES THE COMPLAINANT
 THAT THE INVESTIGATION HAS CONCLUDED. INVESTIGATION BY THE  COMMISSIONER
 SHALL  NOT  BE  A  PREREQUISITE TO NOR A BAR AGAINST A PERSON BRINGING A
 CIVIL ACTION UNDER THIS SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04469-02-3

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