§ 7-604 Private Right of Action.
RCNY § 7-604
(a)A person who filed a complaint with the department pursuant to the Fair Workweek Law and who intends to withdraw the complaint to pursue a civil action shall withdraw the complaint in writing to the department prior to commencing a civil action that includes claims based on the Fair Workweek Law in accordance with paragraph (2) of subdivision (d) of § 20-1211 of the Fair Workweek Law.
(b)A person who filed a civil action that includes any claims based on the Fair Workweek Law may file a complaint with the department upon a showing that the Fair Workweek Law claims in the civil action have been withdrawn or dismissed without prejudice to further action.
(c)The withdrawal of a complaint filed with the department or the commencement of a civil action by a person does not preclude the department from investigating the fast food, retail, or utility safety employer, or commencing, prosecuting, or settling a case against the employer based on some or all of the same violations. (Added City Record 11/28/2017, eff. 11/28/2017; amended City Record 5/24/2022, eff. 6/23/2022)
