{"data":{"id":"us-nyc/n.y.c.-admin.-code-20-1211","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § 20-1211","heading":"§ 20-1211 Private cause of action.","body":"a. \n\t\t\t\t\t\t\t\t\t\t\t\tClaims. Any person, including any organization, alleging a violation of the following provisions of this chapter may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction:\n\n1. Section 20-1204;\n\n2. Section 20-1221;\n\n3. Subdivisions a and b of section 20-1222;\n\n4. Section 20-1231;\n\n5. Subdivisions a, b, d, f and g of section 20-1241;\n\n6. Section 20-1251;\n\n7. Subdivisions a and b of section 20-1252;\n\n8. Section 20-1272;\n\n9. Section 20-1282;\n\n10. Section 20-1283;\n\n11. Section 20-1284;\n\n12. Section 20-1286; and\n\n13. Section 20-1289.\n\nb. \n\t\t\t\t\t\t\t\t\t\t\t\tRemedies. Such court may order compensatory, injunctive and declaratory relief, including the following remedies for violations of this chapter:\n\n1. Payment of schedule change premiums withheld in violation of section 20-1222;\n\n2. An order directing compliance with the recordkeeping, information, posting and consent requirements set forth in sections 20-1205, 20-1206 and 20-1221;\n\n3. Rescission of any discipline issued in violation of section 20-1204;\n\n4. Reinstatement of any employee or high-volume for-hire vehicle driver terminated in violation of section 20-1204;\n\n5. Payment of back pay for any loss of pay or benefits resulting from discipline or other action taken in violation of section 20-1204;\n\n6. Other compensatory damages and any other relief required to make the employee or high-volume for-hire vehicle driver whole; and\n\n7. Reasonable attorney's fees and costs.\n\nc. For each violation of section 20-1272, 20-1282, or 20-1283, the court shall order reinstatement or restoration of hours of the fast food employee or reinstatement or restoration of the driver platform access of the high-volume for-hire vehicle driver, unless waived by the fast food employee or high-volume for-hire vehicle driver, and shall order the fast food employer or high-volume for-hire vehicle service to pay the reasonable attorneys' fees and costs of the fast food employee or high-volume for-hire vehicle driver. For each violation of section 20-1272 or 20-1282, the court may, in addition, grant the following relief: $500, an order directing compliance with section 20-1272 or 20-1282, rescission of any discipline issued, payment of back pay for any loss of pay or benefits resulting from the wrongful discharge or deactivation, punitive damages, and any other equitable relief as may be appropriate. For each violation of 20-1282, the court shall order back pay to be determined as set out in paragraph 2 of subdivision c of section 20-1208.\n\nd. \n\t\t\t\t\t\t\t\t\t\t\t\tStatute of limitations. A civil action under this section shall be commenced within two years of the date the person knew or should have known of the alleged violation, except that for a violation of section 20-1283, a civil action shall be commenced within one year after the effective date of the local law that added subchapter 8 of this chapter.\n\ne. \n\t\t\t\t\t\t\t\t\t\t\t\tRelationship to department action.\n\n1. Any person filing a civil action shall simultaneously serve notice of such action and a copy of the complaint upon the department. Failure to so serve a notice does not adversely affect any plaintiff's cause of action.\n\n2. An employee or high-volume for-hire vehicle driver need not file a complaint with the department pursuant to subdivision b of section 20-1207 before bringing a civil action; however, no person shall file a civil action after filing a complaint with the department based on the same facts unless such complaint has been withdrawn or dismissed without prejudice to further action.\n\n3. No person shall file a complaint with the department after filing a civil action based on the same facts unless such action has been withdrawn or dismissed without prejudice to further action.\n\n4. The commencement or pendency of a civil action by an employee or a high-volume for-hire vehicle driver does not preclude the department from investigating the employer or the high-volume for-hire vehicle service, or commencing, prosecuting or settling a case against the employer or the high-volume for-hire vehicle service based on some or all of the same violations.\n\n(L.L. 2017/107, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/002, 1/5/2021, eff. 7/4/2021; Am. L.L. 2026/052, 1/29/2026, eff. 7/28/2026)","path":["New York City Administrative Code","Title 20","Chapter 12: Fair Work Practices"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"a328f12edd6666c49b9475a17298545ba0d70264e94db8fdde5f6986cd10f2d0","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-20-1210","next":"us-nyc/n.y.c.-admin.-code-20-1212"},"notice":"GroundRules: Original legal text. Not legal advice."}