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Bill > S02558


NY S02558

NY S02558
Relates to discrimination and retaliation against employees who claim workers' compensation benefits.


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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

AI Summary

This bill amends the workers' compensation law to strengthen protections for employees who claim workers' compensation benefits by explicitly prohibiting employers from discriminating or retaliating against workers. The bill expands the definition of discrimination to include threatening to contact immigration authorities or reporting an employee's (or their family member's) suspected immigration status to federal, state, or local agencies as a form of retaliation. The legislation maintains the existing two-year statute of limitations for filing complaints about discriminatory practices and increases the potential penalties for violations from a minimum of $100 to $500, with a maximum penalty of $2,500. If an employer is found to have violated these protections, they must reinstate the employee to their previous position, compensate the employee for lost wages, and potentially pay attorney fees. The bill also reinforces that employers, not their insurance carriers, are solely responsible for these penalties and payments, and that any insurance policy attempting to relieve the employer of this liability is void. The amendments aim to protect workers from potential retaliation when they seek workers' compensation benefits, with a particular focus on preventing immigration-related threats or actions as a means of intimidation.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

REFERRED TO LABOR (on 01/21/2025)

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