Assembly Bill A1456

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2011-A1456 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Business Law
Laws Affected:
Add §415-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8435
2013-2014: A261
2015-2016: A825
2017-2018: A355
2019-2020: A925
2021-2022: A284
2023-2024: A1820

2011-A1456 (ACTIVE) - Summary

Provides a private right of action for nail specialist's 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.

2011-A1456 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1456

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M. of A. ROSENTHAL, LANCMAN -- 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:
  S 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.
                                                           LBD01841-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.