Assembly Bill A8985

2023-2024 Legislative Session

Relates to civil actions brought by employees

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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2023-A8985 (ACTIVE) - Details

See Senate Version of this Bill:
S5062
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L

2023-A8985 (ACTIVE) - Summary

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

2023-A8985 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8985
 
                           I N  A S S E M B L Y
 
                             January 31, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04469-03-3

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