A 9009: Increases penalties for discrimination against employees, and provides that half of such penalties go to the affected employee.

  
  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