New York A 1613: Provides a private right of action for nail specialists aggrieved by their employer in the case of a health and safety violation or retaliatory action

Bill Text

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A01613 Summary:

BILL NOA01613 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Add §415-a, Gen Bus L

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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.

Go to top A01613 Actions:

BILL NOA01613 

&nbsp

01/10/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA01613 Committee&nbspVotes:

Go to topA01613 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01613 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1613

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- 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;
 22 b. in the case of unlawful retaliation, all legal or equitable relief
 23 as may be appropriate; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04089-01-5

 A. 1613 2

 1 c. in all cases, the nail specialists must be awarded reasonable
 2 attorney's fees and court costs.
 3 2. The right of an aggrieved person to bring an action under this
 4 section terminates upon the passing of six years.
 5 § 2. This act shall take effect on the one hundred eightieth day after
 6 it shall have become a law, provided, however, that effective immediate-
 7 ly the addition, amendment, and/or repeal of any rule or regulation
 8 necessary for the timely implementation of this act on its effective
 9 date are authorized to be made and completed on or before such effective
 10 date.

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