What's happening
This bill allows nail specialists to sue their employers for health, safety, retaliation, or labor law violations and recover damages.
Why it matters
Empowers nail specialists to take direct legal action. rather than relying solely on government agencies, workers can now independently sue employers (and third-party clients) over violations of health, safety, and labor laws, potentially leading to faster and more tailored resolutions.
Deters employer misconduct through financial consequences. the bill allows for compensatory damages, statutory penalties of up to $500 per violation, and recovery of attorney’s fees and court costs, increasing the potential cost of noncompliance for employers.
Encourages collective action. nail specialists can file lawsuits on behalf of themselves and others in similar situations, making it easier for groups of workers to address widespread problems and overcome barriers to individual claims.
Extends the statute of limitations. the six-year window to bring claims gives workers more time to recognize violations and seek justice, which can be especially important in industries where fear of retaliation or lack of legal knowledge delays 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
925
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. 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.
LBD02558-01-9
A. 925 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.