New York S 2558: Relates to discrimination and retaliation against employees who claim workers' compensation benefits

Bill Text

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S02558 Summary:

BILL NOS02558 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Amd §120, Work Comp L

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Relates to discrimination and retaliation against employees who claim workers' compensation benefits.

Go to top S02558 Actions:

BILL NOS02558 

&nbsp

01/21/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS02558 Committee&nbspVotes:

Go to topS02558 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02558 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2558

 2025-2026 Regular Sessions

 IN SENATE

 January 21, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to discrimi-
 nation and retaliation against employees

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 120 of the workers' compensation law, as amended by
 2 chapter 61 of the laws of 1989, the section heading as amended by
 3 section 31 of part SS of chapter 54 of the laws of 2016 and the opening
 4 paragraph as amended by chapter 105 of the laws of 2019, is amended to
 5 read as follows:
 6 § 120. Discrimination and retaliation against employees. It shall be
 7 unlawful for any employer or [his or her] such employer's duly author-
 8 ized agent to discharge or fail to reinstate pursuant to section two
 9 hundred three-b of this chapter, or in any other manner discriminate
 10 against an employee as to [his or her] their employment or retaliate
 11 against an employee because such employee has claimed or attempted to
 12 claim compensation from such employer, requested a claim form for inju-
 13 ries received in the course of employment, or claimed or attempted to
 14 claim any benefits provided under this chapter or because [he or she]
 15 such employee has testified or is about to testify in a proceeding under
 16 this chapter and no other valid reason is shown to exist for such action
 17 by the employer. As used in this section, to discriminate or retaliate
 18 against an employee includes threatening to contact or contacting United
 19 States immigration authorities or otherwise reporting or threatening to
 20 report an employee's suspected citizenship or immigration status or the
 21 suspected citizenship or immigration status of an employee's family or
 22 household member, as defined in subdivision two of section four hundred
 23 fifty-nine-a of the social services law, to a federal, state or local
 24 agency.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05024-01-5

 S. 2558 2

 1 Any complaint alleging such an unlawful discriminatory practice must
 2 be filed within two years of the commission of such practice. Upon find-
 3 ing that an employer has violated this section, the board shall make an
 4 order that any employee so discriminated or retaliated against shall be
 5 restored to employment or otherwise restored to the position or privi-
 6 leges [he or she] such employee would have had but for the discrimi-
 7 nation or retaliation and shall be compensated by [his or her] their
 8 employer for any loss of compensation arising out of such discrimination
 9 or retaliation together with such fees or allowances for services
 10 rendered by an attorney or licensed representative as fixed by the
 11 board. Any employer who violates this section shall be liable to a
 12 penalty of not less than [one] five hundred dollars or more than two
 13 thousand five hundred dollars, as may be determined by the board. All
 14 such penalties shall be paid into the state treasury. All penalties,
 15 compensation and fees or allowances shall be paid solely by the employ-
 16 er. The employer alone and not [his or her] such employer's carrier
 17 shall be liable for such penalties and payments. Any provision in an
 18 insurance policy undertaking to relieve the employer from liability for
 19 such penalties and payments shall be void.
 20 An employer found to be in violation of this section and the aggrieved
 21 employee must report to the board as to the manner of the