By: Ty Hyderally, Esq., Nichole Nunes, Esq., and Maya Patel

The recent amendment to New York City’s Earned Safe and Sick Time Act (ESSTA), which came into effect on March 20, 2024, is a significant shift in employee rights and employer responsibilities. With this change, NYC employees now have the right to initiate lawsuits directly against their employers for alleged violations of the Act.

In 2014, NYC led the way as one of the pioneering cities in the United States to mandate 40 hours of annual paid sick leave, subject to evolving terms and amendments. In 2020, New York State introduced its own statewide paid sick leave law, requiring large employers to offer 56 hours of paid leave annually, differing from NYC’s initial requirements. Consequently, NYC adjusted its regulations to align with the state’s, requiring large employers to provide 56 hours of paid leave. Despite these efforts to harmonize city and state laws, differences remain. Under ESSTA, most NYC employers are obligated to offer paid sick leave to their employees. Employees can choose to accrue the leave hourly or front-load it by giving the entire amount of required sick leave at the start of each calendar year. These laws not only address the health needs of employees but also incorporate provisions for broader social issues like personal or familial care, legal assistance, social services, or safety measures related to domestic violence, unwanted sexual contact, stalking, or human trafficking.

Previously, the only recourse for employees seeking to address alleged violations was to file a complaint with the NYC Department of Consumer and Worker Protection (“DCWP”) within two years of when they became aware, or reasonably should have become aware, of a violation of the Act.

The new amendment to the ESSTA will give employees the additional option to file a lawsuit in any court with competent jurisdiction for alleged violations, while still preserving their right to file a complaint with the DCWP. The statute of limitations for such lawsuits remains at two years. Previously, the available remedies included civil penalties and compensation for lost wages and benefits. The ESSTA amendment broadens these remedies to encompass compensatory damages, injunctive and declaratory relief, attorney’s fees and costs, and any other relief deemed appropriate by the court.

The amendment to ESSTA significantly enhances the protections for employees, providing them with the right to pursue legal action against employers who may violate their rights to “sick and safe” leave. This development is crucial as it grants employees a more direct and powerful method of addressing grievances to ensure their rights are respected.

It is essential for employees to become familiar with their rights under the amended law and know how to proceed if they feel their rights have been compromised. Seeking legal counsel can provide invaluable assistance in navigating the complexities of the law and pursuing appropriate remedies when necessary.

Please see our previous post on December 19, 2023, for more information on the ESSTA as well as the amendment.

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