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
