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
