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.
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.
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.
