NYC Enacts Law Allowing Lawsuits for Violations of Earned Safe and Sick Time Act

On January 20, 2024, New York City enacted a law allowing employees to sue for violations of the City’s Earned Safe and Sick Time Act (“ESSTA”).  

Until now, the only way to enforce rights under the ESSTA was to file a complaint with the NYC Department of Consumer and Worker Protection (“DCWP”).  The DCWP would investigate the complaint and, if it determined that a violation occurred, the complaint would go before an administrative law judge.  The new law allows employees to hire their own attorneys to sue in court for violations of ESSTA and recover attorneys’ fees. 

Under ESSTA, employees have the right to time off for the care and treatment of themselves or a family member and to seek legal and social services assistance or take other safety measures if the employee or a family member may be the victim of any act or threat of domestic violence or unwanted sexual contact, stalking, or human trafficking.  

The ESSTA requires employers to provide leave as follows: 

1)    Employers with 100 or more employees must provide up to 56 hours of paid leave; 
 
2)    Employers with five to 99 employees must provide up to 40 hours of paid leave;

3)    Employers with four or fewer employees and a net income of $1 million or more must provide up to 40 hours of paid leave; and

4)    Employers with four or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave.  

Safe/sick time accrues at a rate of one hour for every thirty (30) hours worked by an employee.  

The new law goes into effect on March 20, 2024.