STATE OF NEW YORK ________________________________________________________________________ 1254 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. JOYNER -- read once and referred 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: 1 Section 1. Subdivision 10 of section 27-a of the labor law is amended 2 by adding a new paragraph e to read as follows: 3 e. An employee may bring a civil action in a court of competent juris- 4 diction against any employer alleged to have violated the provisions of 5 this section. Such action must be commenced within three years after 6 such violation. The court shall have jurisdiction to order all appropri- 7 ate relief, including enjoining the conduct of any employer; ordering 8 payment of costs and reasonable attorneys' fees to the employee by the 9 entity in violation; and ordering rehiring or reinstatement of the 10 employee to his or her former position with restoration of seniority or 11 an award of front pay in lieu of reinstatement, and an award of lost 12 compensation and damages, costs and reasonable attorneys' fees. The 13 statute of limitations shall be tolled from the date an employee files a 14 complaint with the commissioner or the commissioner commences an inves- 15 tigation, whichever is earlier, until an order to comply issued by the 16 commissioner becomes final, or where the commissioner does not issue an 17 order, until the date on which the commissioner notifies the complainant 18 that the investigation has concluded. Investigation by the commissioner 19 shall not be a prerequisite to nor a bar against a person bringing a 20 civil action under this section. 21 § 2. Subdivision 6 of section 27-a of the labor law is amended by 22 adding a new paragraph e to read as follows: 23 e. An employee may bring a civil action in a court of competent juris- 24 diction against any employer alleged to have violated the provisions of 25 this section. Such action must be commenced within three years after EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04469-01-3

A. 1254 2 1 such violation. The court shall have jurisdiction to order all appropri- 2 ate relief, including enjoining the conduct of any employer; ordering 3 payment of costs and reasonable attorneys' fees to the employee by the 4 entity in violation; and ordering rehiring or reinstatement of the 5 employee to his or her former position with restoration of seniority or 6 an award of front pay in lieu of reinstatement, and an award of lost 7 compensation and damages, costs and reasonable attorneys' fees. The 8 statute of limitations shall be tolled from the date an employee files a 9 complaint with the commissioner or the commissioner commences an inves- 10 tigation, whichever is earlier, until an order to comply issued by the 11 commissioner becomes final, or where the commissioner does not issue an 12 order, until the date on which the commissioner notifies the complainant 13 that the investigation has concluded. Investigation by the commissioner 14 shall not be a prerequisite to nor a bar against a person bringing a 15 civil action under this section. 16 § 3. This act shall take effect immediately.

Relates to civil actions brought by employees

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