A06775 Summary:

BILL NOA06775
 
SAME ASSAME AS S03732
 
SPONSORPichardo
 
COSPNSRDickens, De La Rosa, Simon, Reyes, DeStefano, Durso, Glick, Gottfried, Barron, Niou, Jacobson, Perry
 
MLTSPNSR
 
Amd §120, Work Comp L
 
Relates to discrimination and retaliation against employees who claim workers' compensation benefits.
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A06775 Actions:

BILL NOA06775
 
04/08/2021referred to labor
05/11/2021reported referred to codes
05/19/2021reported referred to rules
06/01/2021reported
06/01/2021rules report cal.219
06/01/2021ordered to third reading rules cal.219
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A06775 Committee Votes:

LABOR Chair:Joyner DATE:05/11/2021AYE/NAY:26/2 Action: Favorable refer to committee Codes
JoynerAyeBrabenecAye
AbbateAyeDiPietroNay
PerryAyeByrneAye
ColtonAyeMorinelloAye
BenedettoAyeDeStefanoAye
HevesiAyeSchmittNay
BronsonAyeDursoAye
RodriguezAyeGiglioAye
RozicAye
SimonAye
SteckAye
BarnwellAye
RichardsonAye
RosenthalAbsent
CruzAye
ReyesAye
De La RosaAye
RamosAye
JacobsonAye
BurgosAye
ZinermanAye

CODES Chair:Dinowitz DATE:05/19/2021AYE/NAY:21/0 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellExcusedMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

RULES Chair:Heastie DATE:06/01/2021AYE/NAY:22/8 Action: Favorable
HeastieAyeBarclayNay
GottfriedAyeHawleyNay
NolanExcusedGiglioNay
WeinsteinAyeBlankenbushNay
PretlowAyeNorrisNay
CookAyeMontesanoNay
GlickAyeRaNay
AubryAyeBrabenecNay
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A06775 Floor Votes:

There are no votes for this bill in this legislative session.
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A06775 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6775
 
SPONSOR: Pichardo
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to discrimi- nation and retaliation against employees   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to update the penalties for discriminating or retaliating against an employee for exercising his or her rights under the Workers' Compensation Law and would make it explicit that such discrimination or retaliation includes threatening to contact immi- gration authorities.   SUMMARY OF PROVISIONS: Section 1 of the bill would clarify that discriminating or retaliating against an employee for claiming or attempting to claim compensation or other benefits under the Workers' Compensation Law shall include threat- ening to contact or contacting United States immigration authorities, or otherwise reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immi- gration status of an employee's family or household member to a federal, state or local agency. This section would also increase the minimum and maximum civil penalties for violations of these provisions to not less than $500 or more than $2500. Section 2 of the bill would establish the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Technical amendment to reflect changes made to section 120 of the Work- ers' Compensation Law per a chapter of the laws of 2019.   JUSTIFICATION: This bill is necessary to update and strengthen New York's statutory protections against discrimination and retaliation for injured workers and other employees who exercise their rights under the Workers' Compen- sation Law, including claiming benefits for workers' compensation, temporary disability insurance, and/or paid family leave. The courts and the New York State Workers' Compensation Board have made clear that these benefits are available to employees regardless of their immi- gration status, and that discriminating against any workers, including undocumented workers, for filing such claims or otherwise exercising their rights under the law is illegal. Similar changes to the Labor Law were recently enacted through Chapter 126 of the Laws of 2019 to prevent employers from exploiting immigrant workers by threatening them with the risk of deportation in order to prevent their reporting of wage theft, sexual harassment, misclassifica- tion, unlawful or dangerous working conditions, and other workplace violations. This bill would clarify that employers in New York State are also prohibited from using such actions in order to avoid providing compensation and other benefits under the Workers' Compensation Law or discouraging employees from participating in related proceedings. The bill also recognizes that the civil penalty provisions for violations of this section have not kept pace with inflation. The minimum and maximum penalties have not been updated since they were first established in 1973 and thus have lost much of their deterrent effect. Increasing the penalty levels will help ensure that employees can exercise their rights to file compensation claims and testify on behalf of themselves or other co-workers without fear of reprisal.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This bill would take effect 90 days after enactment.
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A06775 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6775
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PICHARDO, DICKENS, DE LA ROSA, SIMON, REYES,
          DeSTEFANO, DURSO, GLICK, GOTTFRIED, BARRON,  NIOU,  JACOBSON  --  read
          once and referred 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  duly authorized agent to
     8  discharge or fail to reinstate pursuant to section two  hundred  three-b
     9  of this chapter, or in any other manner discriminate against an employee
    10  as  to  his  or  her employment or retaliate against an employee because
    11  such employee has claimed or attempted to claim compensation  from  such
    12  employer,  requested a claim form for injuries received in the course of
    13  employment, or claimed or attempted to claim any benefits provided under
    14  this chapter or because he or she has testified or is about  to  testify
    15  in a proceeding under this chapter and no other valid reason is shown to
    16  exist  for  such  action  by  the  employer. As used in this section, to
    17  discriminate or retaliate against an employee  includes  threatening  to
    18  contact or contacting United States immigration authorities or otherwise
    19  reporting  or  threatening to report an employee's suspected citizenship
    20  or immigration status or the suspected citizenship or immigration status
    21  of an employee's family or household member, as defined  in  subdivision
    22  two  of section four hundred fifty-nine-a of the social services law, to
    23  a federal, state or local agency.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08334-01-1

        A. 6775                             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 would have had but for the discrimination or retaliation
     7  and shall be compensated by his or her employer for any loss of  compen-
     8  sation  arising  out of such discrimination or retaliation together with
     9  such fees or allowances for services rendered by an attorney or licensed
    10  representative as fixed by the board. Any  employer  who  violates  this
    11  section shall be liable to a penalty of not less than [one] five hundred
    12  dollars or more than two thousand five hundred dollars, as may be deter-
    13  mined  by  the  board.  All  such penalties shall be paid into the state
    14  treasury. All penalties, compensation and fees or  allowances  shall  be
    15  paid  solely  by  the  employer.  The  employer alone and not his or her
    16  carrier shall be liable for such penalties and payments.  Any  provision
    17  in  an insurance policy undertaking to relieve the employer from liabil-
    18  ity for such penalties and payments shall be void.
    19    An employer found to be in violation of this section and the aggrieved
    20  employee must report to the board as to the  manner  of  the  employer's
    21  compliance  within  thirty  days of receipt of a final determination. In
    22  case of failure to report on compliance, or failure to  comply  with  an
    23  order  or  penalty  of  the  board within thirty days after the order or
    24  notice of penalty is served, except  where  timely  application  to  the
    25  board  for a modification, rescission or review of such order or penalty
    26  has been filed under section twenty-three of this chapter, the chair  in
    27  any  such  case  or,  on  the chair's consent, any party may enforce the
    28  order or penalty in a like manner as an award of compensation.
    29    § 2. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.
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