STATE OF NEW YORK
________________________________________________________________________
5062
2023-2024 Regular Sessions
IN SENATE
February 22, 2023
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed 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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04469-03-3
