Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to labor |
Feb 22, 2023 |
referred to labor |
Senate Bill S5062
2023-2024 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Current Bill Status - In Senate Committee Labor 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
Actions
2023-S5062 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8985
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §27-a, Lab L
2023-S5062 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5062 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to civil actions brought by employees PURPOSE: To allow for uniform and fair civil actions against employers under the Act. SUMMARY OF SPECIFIC PROVISIONS: This bill would amend Sections 27-a(10) and 27-b(6)(e) to include the following language: An employee may bring a civil action in a court of competent jurisdiction against any employer or person alleged to have violated the provisions of this section which must be commenced within three years after such violation. The court would have jurisdiction to order all appropriate relief, including enjoining the conduct of any person or employer; costs and reasonable attorneys' fees to the employee
2023-S5062 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5062 2023-2024 Regular Sessions I N S E N A T E February 22, 2023 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed 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. 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.