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March 27, 2024

New York City amends Earned Safe and Sick Time Act to add private right of action.

Employees in New York City now have the right to sue directly in court if their employers violates the New York City Earned Safe and Sick Time Act (ESSTA). The ESSTA gives employees the right to use leave for the care and treatment of themselves or a family member, and to use leave to seek legal and social services assistances.
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Home » News » New York City amends Earned Safe and Sick Time Act to add private right of action.

Rachel Lerner
Wed, 03/27/2024

Employees in New York City now have the right to sue directly in court if their employers violates the New York City Earned Safe and Sick Time Act (ESSTA). The ESSTA gives employees the right to use leave for the care and treatment of themselves or a family member, and to use leave to seek legal and social services assistances. The ESSTA mandates that certain employers provide paid leave to their employees to use for authorized reasons. Employees who work for the State of New York or the City of New York are not covered under the ESSTA.

Until March 20, 2024, employees who alleged violations of the ESSTA had to first file a complaint with the Department of Consumer and Worker Protection, which would then investigate. The new amendment to the law adds a private right of action to sue employers in court for ESSTA violations if they occur within the last two years. Employees can seek compensatory damages, injunctive relief, and attorneys’ fees. Employees can still file a complaint with the Department of Consumer and Worker Protection, if they choose.

McGillivary Steele Elkin represents employees whose employers have violated local, state, or federal leave requirements. If you believe your employer has violated the law, please contact us at info@mselaborlaw.com

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When McGillivary Steele Elkin LLP decides to take your case, it is because we believe there is an unacceptable workplace violation that has negatively impacted you or resulted in your employer paying less than what the law requires and which we have a reasonable chance of remedying. We recognize that meritorious claims should not go unremedied because of the level of a person’s resources.

To ensure accessible and available legal representation for all our clients, MSE handles cases through different forms of fee arrangements, including contingency fees, hourly fees and fixed fees.