New York A 9009: Relates to penalties for discrimination against employees

Bill Text

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A09009 Summary:

BILL NOA09009 

&nbsp

SAME ASSAME AS S08967

&nbsp

SPONSORVanel

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §120, Work Comp L

&nbsp

Increases penalties for discrimination against employees, and provides that half of such penalties go to the affected employee.

Go to top A09009 Actions:

BILL NOA09009 

&nbsp

08/13/2025referred to labor

01/07/2026referred to labor

Go to topA09009 Committee&nbspVotes:

Go to topA09009 Floor&nbspVotes:

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

Go to topA09009 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9009

 2025-2026 Regular Sessions

 IN ASSEMBLY

 August 13, 2025
 ___________

 Introduced by M. of A. VANEL -- read once and referred to the Committee
 on Labor

 AN ACT to amend the workers' compensation law, in relation to penalties
 for discrimination against employees

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

 1 Section 1. The second undesignated paragraph of section 120 of the
 2 workers' compensation law, as amended by chapter 61 of the laws of 1989,
 3 is amended to read as follows:
 4 Any complaint alleging such an unlawful discriminatory practice must
 5 be filed within two years of the commission of such practice. Upon find-
 6 ing that an employer has violated this section, the board shall make an
 7 order that any employee so discriminated against shall be restored to
 8 employment or otherwise restored to the position or privileges [he or
 9 she] such employee would have had but for the discrimination and shall
 10 be compensated by [his or her] their employer for any loss of compen-
 11 sation arising out of such discrimination together with such fees or
 12 allowances for services rendered by an attorney or licensed represen-
 13 tative as fixed by the board. Any employer who violates this section
 14 shall be liable to a penalty of [not less than one hundred dollars or
 15 more than five hundred dollars, as may be determined by the board] three
 16 times the total compensation of the employee subjected to the violation.
 17 [All] As used in this paragraph, the term "total compensation" shall
 18 mean the value of all wages and benefits that the employee earned during
 19 the previous year. Half of such penalties shall be paid into the state
 20 treasury and half shall be paid to the employee. All penalties, compen-
 21 sation and fees or allowances shall be paid solely by the employer. The
 22 employer alone and not [his or her] their carrier shall be liable for
 23 such penalties and payments. Any provision in an insurance policy under-
 24 taking to relieve the employer from liability for such penalties and
 25 payments shall be void.
 26 § 2. This act shall take effect on the ninetieth day after it shall
 27 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13587-01-5

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