A00284 Summary:

BILL NOA00284
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRGottfried, Quart
 
MLTSPNSR
 
Add 415-a, Gen Bus L
 
Provides a private right of action for nail specialists aggrieved by their employer in the case of a health and safety violation, unlawful retaliatory action, or general labor issues such as hours and breaks.
Go to top    

A00284 Actions:

BILL NOA00284
 
01/06/2021referred to judiciary
Go to top

A00284 Committee Votes:

Go to top

A00284 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00284 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A284
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: This bill provides nail specialists the right to pursue redress through the courts under a private right of action.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 415-a. Section two sets forth the effective date.   JUSTIFICATION: Although nail salon workers are protected under labor laws from wage violations, they currently have no protection when it comes to health, safety, overtime or break violations. Many nail specialists are forced to work long days and are not allowed to take a break or refuse to work overtime. This is a health violation as it prolongs their exposure to the chemicals found in appearance enhancement businesses. Such special- ists also have no way to address health and safety violations in such situations. This legislation gives workers the right to sue their employers and seek compensation for any violations not currently covered by the labor laws. Not only will the potential to seek legal redress help to improve the health and safety of nail specialists, it should also help to cut down on overall violations by appearance enhancement business owners.   LEGISLATIVE HISTORY: 2019-20: A.925 - Referred to Judiciary 2017-18: A355 - Referred to Judiciary 2015-16: A.825 - Referred to Judiciary 2013-14: A.261 - Referred to Judiciary 2011-12: A.1456 - Referred to Judiciary 2009-10: A.8435 - Referred to Judiciary   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill 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 neces- sary for the timely implementation of this at on its effective date is hereby authorized and directed to be made on or before such effective date.
Go to top

A00284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           284
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        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 Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  415-a to read as follows:
     3    § 415-a. Private right of action. 1. A nail specialist aggrieved by  a
     4  violation  of article three or article nine of the workers' compensation
     5  law related to occupational diseases and  disability  benefits,  section
     6  two  hundred of the labor law related to the general duty to protect the
     7  health and safety of employees, title one of article five of  the  labor
     8  law  related  to  the general hours of labor, or article twenty-C of the
     9  labor law relating to retaliatory action by employers  or  section  four
    10  hundred  four-a  of  this article or any other provision of this chapter
    11  related to the health and safety of employees, or any rule or regulation
    12  adopted thereto may file suit in a court of  competent  jurisdiction  in
    13  the state, in the county where the alleged offense occurred or where any
    14  nail  specialist  who is party to the action resides, against an appear-
    15  ance enhancement business employer or a third party client. Actions  may
    16  be  brought  by  one or more nail specialists for and on behalf of them-
    17  selves and other nail specialists similarly situated. A nail  specialist
    18  whose rights have been violated by an appearance enhancement business or
    19  a third party client is entitled to collect:
    20    a. in the case of a health and safety or notice violation, compensato-
    21  ry damages and an amount up to five hundred dollars for each violation;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00468-01-1

        A. 284                              2
 
     1    b.  in the case of unlawful retaliation, all legal or equitable relief
     2  as may be appropriate; and
     3    c.  in  all  cases,  the  nail  specialists must be awarded reasonable
     4  attorney's fees and court costs.
     5    2. The right of an aggrieved person to  bring  an  action  under  this
     6  section terminates upon the passing of six years.
     7    § 2. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law, provided, however, that effective immediate-
     9  ly  the  addition,  amendment, and/or repeal   of any rule or regulation
    10  necessary for the timely implementation of this  act  on  its  effective
    11  date  is  hereby  authorized  and  directed to be made on or before such
    12  effective date.
Go to top