NY State Senate Bill 2021-S3732

Senate Bill S3732

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 30, 2021	referred to labor

2021-S3732 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §120, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8775
2023-2024: S1488

2021-S3732 (ACTIVE) - Summary

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

2021-S3732 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3732

SPONSOR: COMRIE
 
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 this 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, misclassification, 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 mini-
mum 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 exer-
cise 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

2021-S3732 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3732
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Section 120 of the workers' compensation law, as amended by
 chapter 61 of the laws of  1989,  the  section  heading  as  amended  by
 section  31 of part SS of chapter 54 of the laws of 2016 and the opening
 paragraph as amended by chapter 105 of the laws of 2019, is  amended  to
 read as follows:
   §  120.  Discrimination AND RETALIATION against employees. It shall be
 unlawful for any employer  or  his  or  her  duly  authorized  agent  to
 discharge  or  fail to reinstate pursuant to section two hundred three-b
 of this chapter, or in any other manner discriminate against an employee
 as to his or her employment OR RETALIATE  AGAINST  AN  EMPLOYEE  because
 such  employee  has claimed or attempted to claim compensation from such
 employer, requested a claim form for injuries received in the course  of
 employment, or claimed or attempted to claim any benefits provided under
 this  chapter  or because he or she has testified or is about to testify
 in a proceeding under this chapter and no other valid reason is shown to
 exist for such action by the employer.  AS  USED  IN  THIS  SECTION,  TO
 DISCRIMINATE  OR  RETALIATE  AGAINST AN EMPLOYEE INCLUDES THREATENING 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 IMMIGRATION STATUS
 OF  AN  EMPLOYEE'S FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVISION
 TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,  TO
 A FEDERAL, STATE OR LOCAL AGENCY.
   Any  complaint  alleging such an unlawful discriminatory practice must
 be filed within two years of the commission of such practice. Upon find-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08334-01-1

 S. 3732                             2
 
 ing that an employer has violated this section, the board shall make  an
 order  that any employee so discriminated OR RETALIATED against shall be
 restored to employment or otherwise restored to the position  or  privi-
 leges he or she would have had but for the discrimination OR RETALIATION
 and  shall be compensated by his or her employer for any loss of compen-
 sation arising out of such discrimination OR RETALIATION  together  with
 such fees or allowances for services rendered by an attorney or licensed
 representative  as  fixed  by  the board. Any employer who violates this
 section shall be liable to a penalty of not less than [one] FIVE hundred
 dollars or more than TWO THOUSAND five hundred dollars, as may be deter-
 mined by the board. All such penalties shall  be  paid  into  the  state
 treasury.  All  penalties,  compensation and fees or allowances shall be
 paid solely by the employer. The employer  alone  and  not  his  or  her
 carrier  shall be liable for such penalties and payments.  Any provision
 in an insurance policy undertaking to relieve the employer from  liabil-
 ity for such penalties and payments shall be void.
   An employer found to be in violation of this section and the aggrieved
 employee  must  report  to  the board as to the manner of the employer's
 compliance within thirty days of receipt of a  final  determination.  In
 case  of  failure  to report on compliance, or failure to comply with an
 order or penalty of the board within thirty  days  after  the  order  or
 notice  of  penalty  is  served,  except where timely application to the
 board for a modification, rescission or review of such order or  penalty
 has  been filed under section twenty-three of this chapter, the chair in
 any such case or, on the chair's consent,  any  party  may  enforce  the
 order or penalty in a like manner as an award of compensation.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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