NYC Adds More Teeth To Paid Sick Leave Law

New York City has recently introduced a private right of action into its paid sick and safe leave law, heightening the potential for employers to face class action lawsuits should they neglect to offer mandated time off to employees or accurately record it.

Domenique Camacho Moran spoke with Law360 on potential risks a business might encounter in their recent article “NYC Adds More Teeth To Paid Sick Leave Law.”

From the article:

“I think it is a real weapon for plaintiffs. And my concern for employers is [that] trying to do the right thing, trying to comply, is not going to be good enough,” said Domenique Camacho Moran, who represents employers at Farrell Fritz PC. “Where are we on our sick leave? How do we tell employees what their accruals are? How do we grant or deny sick leave? What, if any, documentation are we requiring? Those four questions should be on the mind of every employer in New York City this week.”

Camacho Moran noted that overall, what the law provides is a “relatively modest benefit” — roughly a week of paid time off. But given the private right of action now in effect, the potential for expensive litigation over that modest benefit has really increased, she said.

Camacho Moran expressed concern that employers now risk facing class action lawsuits over administrative errors, since she said the law appears to call on employers to provide written updates to employees’ accrued paid leave hours each pay period.

“I think the language of the statute is a little confusing,” she said. “And I can tell you from the perspective of regulatory compliance, my experience with the New York Department of Consumer and Worker Protection is they seemed particularly fixated on that pay stub.”

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NYC Adds More Teeth To Paid Sick Leave Law – Law360 Employment Authority