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NY A03330
Bill
Status
2/2/2023
Primary Sponsor
Latoya Joyner
Click for details
AI Summary
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Creates Article 20-D of New York Labor Law establishing a cause of action for employees subjected to "abusive work environments" involving repeated verbal abuse, threatening conduct, intimidation, humiliation, or sabotage that causes physical or psychological harm.
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Makes employers vicariously liable for abusive conduct by employees, but allows an affirmative defense if the employer exercised reasonable care to prevent and correct the behavior and the employee unreasonably failed to use corrective opportunities.
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Allows individual employees to be held liable for abusive conduct, with an affirmative defense only if they acted under employer direction or threat of adverse employment action.
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Provides remedies including injunctions, reinstatement, lost wages, medical expenses, pain and suffering, emotional distress damages, punitive damages, and attorney fees; emotional distress and punitive damages limited for employer liability without adverse employment action unless conduct is extreme and outrageous.
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Establishes a one-year statute of limitations for civil actions and clarifies that the law does not exempt parties from other state law liabilities or prevent greater protections in collective bargaining agreements.
Legislative Description
Establishes a civil cause of action for employees who are subjected to an abusive work environment; employers shall be vicariously liable for such work environment.
Last Action
enacting clause stricken
1/10/2024