On July 14, 2022, the New York City Council introduced legislation that would allow employees to file a civil action against their employers to enforce their rights under the New York City Earned Safe and Sick Time Act. Currently, employees seeking recourse are limited to filing an administrative complaint with the New York City Department of Consumer and Worker Protection.

If enacted as drafted, the legislation would go into effect Jan. 1, 2023. Employees would not have to file any complaint with the Department or otherwise exhaust any administrative remedies prior to commencing a civil action. Moreover, employees who file a lawsuit would be able to seek an award of compensatory damages (possibly in addition to certain existing financial remedies), injunctive and declaratory relief, as well as attorneys’ fees and costs.

The proposed bill was referred to the New York City Council’s Committee on Civil Service and Labor, and, at this time, it is unknown if and when it will be considered by the entire Council.

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Photo of Jonathan L. Bing Jonathan L. Bing

Jonathan L. Bing is an experienced advocate who advises corporate, association and nonprofit clients in the entertainment, financial services, health care, hospitality, transportation, real estate, and social services industries. He helps clients advance legislation in the New York State Legislature and New York…

Jonathan L. Bing is an experienced advocate who advises corporate, association and nonprofit clients in the entertainment, financial services, health care, hospitality, transportation, real estate, and social services industries. He helps clients advance legislation in the New York State Legislature and New York City Council, secure funding from state and city budgets, and navigate New York government.

Jonathan represents a wide range of clients, including the second-largest hospital system in New York City, “Big Four” national accounting and advertising companies, and the 700-member national trade association for the Broadway and live entertainment industry. He also advocates for a variety of nonprofits, including the largest provider of services for domestic violence victims in New York State; one of the leading alcohol and drug treatment programs in NYC; and the organization that created the first senior center in the nation dedicated to technology.

Photo of Jason B. Jendrewski Jason B. Jendrewski

Jason B. Jendrewski is an experienced counselor regarding a wide range of labor and employment law and public accommodation disability access issues. He defends employers and public accommodations in federal and state courts as well as in administrative proceedings before government agencies, such

Jason B. Jendrewski is an experienced counselor regarding a wide range of labor and employment law and public accommodation disability access issues. He defends employers and public accommodations in federal and state courts as well as in administrative proceedings before government agencies, such as the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Commission on Human Rights, U.S. Department of Labor, New York State Department of Labor, and U.S. Department of Justice.

Jason has extensive experience advising public accommodations on Americans with Disabilities Act (ADA) Title III compliance regarding the accessibility of their facilities, websites and mobile applications, the use of service animals, the provision of auxiliary aids and services to ensure effective communication, and the obligations of hotels and other places of lodging concerning their reservations systems. Jason has defended or resolved more than one hundred lawsuits as well as numerous pre-litigation demands involving these issues. He also has presented to industry groups, provided guidance on legislative reform efforts, and published timely articles about ADA developments.

In addition to Jason’s robust ADA practice, Jason regularly counsels employers on their compliance with the myriad of federal, state, and local laws affecting the workplace and litigates class and collective action wage and hour claims and employment discrimination disputes. While Jason has represented private and public companies in a variety of industries, he has considerable experience representing restaurants, hotels, and other hospitality-related entities. Jason also has a background in traditional labor law and possesses labor relations experience in both the public and private sectors, including the professional sports industry.