What's happening
This bill allows nail specialists to sue employers for health, safety, labor, or retaliation violations and recover damages and legal fees.
Why it matters
Empowers nail specialists to directly hold employers accountable. by granting a private right of action, workers can bypass government agencies and sue employers or third-party clients for violations, increasing pressure on businesses to comply with health, safety, and labor laws.
Provides explicit financial remedies and deterrents. nail specialists can recover compensatory damages, statutory penalties (up to $500 per violation for health/safety or notice violations), and automatic attorney’s fees and court costs, which may make it financially risky for employers to violate the law.
Allows for collective legal action. the bill enables groups of nail specialists to file suit together (“similarly situated”), which can amplify workers’ voices and potentially lead to broader industry reforms if widespread violations are challenged.
Establishes a generous statute of limitations. workers have up to six years to bring claims, giving them time to recognize violations, seek legal help, and pursue justice even if retaliation or fear delayed earlier action.
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Who cares
Headline styles
Let Nail Workers Sue Employers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
355
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, QUART -- read once and referred to the Committee on Judiciary
AN ACT to amend the general business law, in relation to providing a private right of action for nail specialists aggrieved by their employer in the case of a health and safety violation, retaliatory action, or general labor issues
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 415-a to read as follows:
§ 415-a. Private right of action. 1. A nail specialist aggrieved by a violation of article three or article nine of the workers' compensation law related to occupational diseases and disability benefits, section two hundred of the labor law related to the general duty to protect the health and safety of employees, title one of article five of the labor law related to the general hours of labor, or article twenty-C of the labor law relating to retaliatory action by employers or section four hundred four-a of this article or any other provision of this chapter related to the health and safety of employees, or any rule or regulation adopted thereto may file suit in a court of competent jurisdiction in the state, in the county where the alleged offense occurred or where any nail specialist who is party to the action resides, against an appearance enhancement business employer or a third party client. Actions may be brought by one or more nail specialists for and on behalf of themselves and other nail specialists similarly situated. A nail specialist whose rights have been violated by an appearance enhancement business or a third party client is entitled to collect:
a. in the case of a health and safety or notice violation, compensatory damages and an amount up to five hundred dollars for each violation;
b. in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01721-01-7
A. 355 2
c. in all cases, the nail specialists must be awarded reasonable attorney's fees and court costs.
2. The right of an aggrieved person to bring an action under this section terminates upon the passing of six years.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately the addition, amendment, and/or repeal of any rule or regulation necessary for the timely implementation of this act on its effective date is hereby authorized and directed to be made on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.