New York Ups Workers’ Compensation Benefits; Targets Wage Theft, ‘Captive Audience’ Meetings

September 11, 2023

New York Gov. Kathy Hochul has signed three bills into law that affect workers, including one raising the minimum disability benefit under workers’ compensation over three years.

The second new law prohibits employers from disciplining employees that opt not to participate in meetings about the employer’s political or religious views while the third strengthens criminal penalties against employers who steal wages from workers.

The workers’ compensation legislation increases the minimum benefits for low wage workers who are injured and cannot work. It increases minimum benefits for permanent or temporary partial disability to $275 in 2024, $325 in 2025, and to one-fifth of the state average weekly wage in 2026.

“This legislation will help to ensure that all New Yorkers receive the benefits and protections that allow them to work with dignity,” Hochul said.

The second piece of legislation (S4982/A6604) amends the state’s labor law to protect employees’ freedom of speech and conscience related to meetings featuring their employer’s views on political and religious matters. The law prevents employers from taking adverse actions against their employees who refuse to participate in such meetings. It goes into effect immediately.

Sponsors of the bill claim that employers nationwide have increased partisan messaging to employees and that employees may feel pressured into following their employers’ political positions. They said some employers have held mandatory political rallies for partisan candidates and meetings regarding specific legislation or on issues such as unionism and religious topics.

Mario Cilento, president of the New York State AFL-CIO, said the legislation “addresses the long history of employers using so-called ‘captive audience’ meetings to force their views on personal decisions related to religion, health care, politics, or joining civic or fraternal organizations or labor unions.”

Non-partisan communication like neutral “get out the vote” drives would still be permitted.

The third bill (S2832-A/A154-A) amends the state’s penal statute by adding wage theft to the types of activities included in the crime of larceny. Prosecutors will be able to seek stronger penalties against employers who steal wages from workers. It goes into effect immediately.

According to Cornell University’s Worker Institute, wage theft in New York accounts for nearly $1 billion in lost wages each year and affects tens of thousands of workers.

“This law will arm prosecutors with a new powerful tool to go after greedy employers who steal wages, allowing them to pursue larceny charges and aggregate cases,” said Assemblymember Catalina Cruz, a sponsor.

Topics New York Fraud Workers' Compensation Talent

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