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September 17, 2019

Violating New York City's Earned Safe and Sick Time Act (“ESSTA”) results in a fine and the payment of damages to the employee


A law firm and its founding partner [Respondents] were charged with violating New York City's Earned Safe and Sick Time Act (“ESSTA”) when it terminated an employee allegedly for exercising his rights under ESSTA, required him to provide details of his medical condition, and failed to maintain "sufficient written sick leave policies."

New York City's Office of Administrative Trials and Hearings [OATH]  Administrative Law Judge Kevin F. Casey found that the employee’s use or attempted use of his sick time was one of the motivating factors for his firing and he did not credit the Respondent’s claim that the termination was for non-medical reasons.

Finding the firm’s founding partner and the law firm to be jointly liable for the violations, Judge Casey ordered the Respondents to pay a fine of $1,500 and $172,215.30 in relief to the former employee. 

The ALJ's decision, OATH Index No. 514/19, is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/19_cases/19-514MD.pdf


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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