S T A T E O F N E W Y O R K
________________________________________________________________________
925
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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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:
Section 1. The general business law is amended by adding a new section
415-a to read as follows:
§ 415-A. PRIVATE RIGHT OF ACTION. 1. A NAIL SPECIALIST AGGRIEVED BY A
VIOLATION OF ARTICLE THREE OR ARTICLE NINE OF THE WORKERS' COMPENSATION
LAW RELATED TO OCCUPATIONAL DISEASES AND DISABILITY BENEFITS, SECTION
TWO HUNDRED OF THE LABOR LAW RELATED TO THE GENERAL DUTY TO PROTECT THE
HEALTH AND SAFETY OF EMPLOYEES, TITLE ONE OF ARTICLE FIVE OF THE LABOR
LAW RELATED TO THE GENERAL HOURS OF LABOR, OR ARTICLE TWENTY-C OF THE
LABOR LAW RELATING TO RETALIATORY ACTION BY EMPLOYERS OR SECTION FOUR
HUNDRED FOUR-A OF THIS ARTICLE OR ANY OTHER PROVISION OF THIS CHAPTER
RELATED TO THE HEALTH AND SAFETY OF EMPLOYEES, OR ANY RULE OR REGULATION
ADOPTED THERETO MAY FILE SUIT IN A COURT OF COMPETENT JURISDICTION IN
THE STATE, IN THE COUNTY WHERE THE ALLEGED OFFENSE OCCURRED OR WHERE ANY
NAIL SPECIALIST WHO IS PARTY TO THE ACTION RESIDES, AGAINST AN APPEAR-
ANCE ENHANCEMENT BUSINESS EMPLOYER OR A THIRD PARTY CLIENT. ACTIONS MAY
BE BROUGHT BY ONE OR MORE NAIL SPECIALISTS FOR AND ON BEHALF OF THEM-
SELVES AND OTHER NAIL SPECIALISTS SIMILARLY SITUATED. A NAIL SPECIALIST
WHOSE RIGHTS HAVE BEEN VIOLATED BY AN APPEARANCE ENHANCEMENT BUSINESS OR
A THIRD PARTY CLIENT IS ENTITLED TO COLLECT:
A. IN THE CASE OF A HEALTH AND SAFETY OR NOTICE VIOLATION, COMPENSATO-
RY DAMAGES AND AN AMOUNT UP TO FIVE HUNDRED DOLLARS FOR EACH VIOLATION;
B. IN THE CASE OF UNLAWFUL RETALIATION, ALL LEGAL OR EQUITABLE RELIEF
AS MAY BE APPROPRIATE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02558-01-9
A. 925 2
C. IN ALL CASES, THE NAIL SPECIALISTS MUST BE AWARDED REASONABLE
ATTORNEY'S FEES AND COURT COSTS.
2. THE RIGHT OF AN AGGRIEVED PERSON TO BRING AN ACTION UNDER THIS
SECTION TERMINATES UPON THE PASSING OF SIX YEARS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly the addition, amendment, and/or repeal of any rule or regulation
necessary for the timely implementation of this act on its effective
date is hereby authorized and directed to be made on or before such
effective date.