Bill > A09009

This bill amends the workers' compensation law to increase and modify penalties for employers who discriminate against employees. Currently, employers who discriminate could be fined between $100 and $500, but the proposed legislation would instead impose a penalty of three times the total compensation of the employee who was subjected to discrimination. The term "total compensation" is defined as the value of all wages and benefits the employee earned during the previous year. Importantly, the bill changes how these penalties are distributed: instead of the entire penalty going to the state treasury, half will now be paid to the state and half will be paid directly to the affected employee. The bill maintains existing provisions that require discriminated employees to be restored to their job or equivalent position and compensated for any lost wages. The legislation also reaffirms that employers, not their insurance carriers, are solely responsible for these penalties, and any insurance policy attempting to relieve the employer of this liability is void. The bill will take effect 90 days after becoming law.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A9009