§ 20-1308 Civil action.
AC § 20-1308
a. Except as otherwise provided by law, any person claiming to be aggrieved by a fast food employer's violation of this chapter has a cause of action in any court of competent jurisdiction for damages, including punitive damages, and for injunctive relief and such other remedies as may be appropriate, if the relevant not-for-profit demonstrates that it has complied with sections 20-1303 and 20-1304 by providing a copy of the registration letter from the department unless such person has filed a complaint with the department with respect to such claim. If the court finds in favor of the plaintiff, it shall award such person, in addition to other relief, reasonable attorney's fees and costs. b. Notwithstanding any inconsistent provision of subdivision a of this section, if the department dismisses a complaint or the complaint is withdrawn, an aggrieved person maintains all rights to commence a civil action pursuant to this section.
1.An employee need not file a complaint with the department before bringing a civil action; however, no person shall file a civil action after filing a complaint with the department unless such complaint has been withdrawn or dismissed without prejudice to further action.
2.No person shall file a complaint with the department after filing a civil action unless such action has been withdrawn or dismissed without prejudice to further action. c. A civil action under this section shall be commenced in accordance with subdivision 2 of section 214 of the civil practice law and rules. d. This chapter does not limit a fast food employee's right to bring any other action authorized by law. (L.L. 2017/098, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/098 and L.L. 2020/080.
