Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 15, 2010 |
signed chap.177 |
Jul 08, 2010 |
delivered to governor |
Jun 23, 2010 |
returned to assembly passed senate |
Jun 18, 2010 |
3rd reading cal.1017 substituted for s3359 |
Jun 18, 2010 |
substituted by a6964 ordered to third reading cal.1017 |
Jun 17, 2010 |
committee discharged and committed to rules |
May 04, 2010 |
reported and committed to finance |
Apr 12, 2010 |
reported and committed to codes |
Jan 06, 2010 |
referred to labor |
May 12, 2009 |
reported and committed to finance |
Mar 23, 2009 |
reported and committed to codes |
Mar 17, 2009 |
referred to labor |
Senate Bill S3359
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status Via A6964 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D) 15th Senate District
(D, WF) 46th Senate District
(D) Senate District
(D, IP) Senate District
2009-S3359 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6964
- Law Section:
- Labor Law
- Laws Affected:
- Amd §592, Lab L
2009-S3359 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3359 TITLE OF BILL : An act to amend the labor law, in relation to unemployment benefits for innocent bystanders during an industrial controversy PURPOSE : This bill would protect innocent bystanders who suffer periods of unemployment as the result of a strike in which they are not participating by removing the seven-week waiting period for unemployment benefits that otherwise applies. It would also delete the requirement that employers pay interest on unemployment benefits improperly suspended when employers mislead the Commissioner regarding their intention to rehire striking workers at the conclusion of the strike. SUMMARY OF PROVISIONS : Section 1 of the bill would amend Labor Law § 592(1) to remove the seven-week waiting period for receipt of unemployment benefits that currently applies to claimants who have lost their jobs due to a strike or other industrial controversy, for claimants who are "innocent bystanders." Specifically, the bill would exempt a claimant
2009-S3359 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3359 2009-2010 Regular Sessions I N S E N A T E March 17, 2009 ___________ Introduced by Sens. ONORATO, ADDABBO, BRESLIN, SAVINO -- (at request of the Department of Labor) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to unemployment benefits for innocent bystanders during an industrial controversy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 592 of the labor law, as amended by chapter 609 of the laws of 2008, is amended to read as follows: 1. Industrial controversy. (A) The accumulation of benefit rights by a claimant shall be suspended during a period of seven consecutive weeks beginning with the day after such claimant lost his or her employment because of a strike or other industrial controversy except for lockouts, including concerted activity not authorized or sanctioned by the recog- nized or certified bargaining agent of the claimant, and other concerted activity conducted in violation of any existing collective bargaining agreement, in the establishment in which he or she was employed, except that benefit rights may be accumulated before the expiration of such seven weeks beginning with the day after such strike or other industrial controversy was terminated[; provided, however, this waiting period shall not apply upon the hiring of]. (B) BENEFITS SHALL NOT BE SUSPENDED UNDER THIS SECTION IF: (I) THE EMPLOYER HIRES a permanent replacement worker for the employ- ee's position [by the employer]. A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike, in the event the strike terminates prior to the conclusion of the employee's eligibility for benefit rights under this chapter. In the event the employer does not permit such return after such certification, the employee shall be entitled to recover [with interest] any benefits lost as a result of the seven week suspen- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09030-03-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.