NY A08906

Creates Article 20-D in New York Labor Law establishing a civil cause of action for employees subjected to abusive work environments, defined as employer or employee conduct with intent to cause pain or distress that results in physical or psychological harm.

Prohibits abusive conduct including repeated verbal abuse, threatening or intimidating behavior, and sabotage of work performance; single acts do not constitute abusive conduct unless especially severe and egregious.

Makes employers vicariously liable for employee violations, with an affirmative defense available only when the employer exercised reasonable care to prevent and correct the behavior and the employee unreasonably failed to use available corrective opportunities.

Allows injured employees to recover reinstatement, lost wages, front pay, medical expenses, pain and suffering compensation, emotional distress damages, punitive damages, and attorney fees; emotional distress and punitive damages limited to extreme and outrageous conduct when no adverse employment action occurred.

Establishes one-year statute of limitations for civil actions and preserves existing workers' compensation and collective bargaining agreement protections; workers' compensation payments shall be reimbursed from damages awarded under this article.