Senate Bill S5371

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5371
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by Sen. ALCANTARA -- (at request of the Workers Compensation
   Board) -- 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 increasing
   penalties  against  employers who retaliate against employees who file
   workers' compensation claims
 
   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 and opening para-
 graph as amended by section 31 of part SS of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   §  120. Discrimination against employees.  1. 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  because  such  employee  has  claimed  or attempted to claim
 compensation from such employer, 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.
   2.  Any  complaint  alleging  such an unlawful discriminatory practice
 must be filed within two years of the commission of such practice.  Upon
 finding that an employer has violated this section, the board shall make
 an order that any employee so discriminated against shall be restored to
 employment or otherwise restored to the position or privileges he or she
 would  have  had  but for the discrimination and shall be compensated by
 his or her employer for any loss of compensation  arising  out  of  such
 discrimination  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10206-02-7

 S. 5371                             2
 
 penalty of not less than [one] FIVE hundred dollars or  more  than  five
 [hundred] THOUSAND dollars, as may be determined by the board[. All such
 penalties  shall  be  paid], TO BE PAID into the state treasury.  IN THE
 INTERESTS  OF  JUSTICE, THE BOARD MAY DETERMINE AN EMPLOYER WHO VIOLATES
 THIS SECTION IS ALSO LIABLE TO THE CLAIMANT FOR A PENALTY  OF  NOT  LESS
 THAN FIVE HUNDRED DOLLARS OR MORE THAN FIVE THOUSAND DOLLARS. All penal-
 ties,  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 liability  for  such  penalties
 and payments shall be void.
   3.  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 determi-
 nation. 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.