S T A T E O F N E W Y O R K
________________________________________________________________________
6138
2011-2012 Regular Sessions
I N A S S E M B L Y
March 8, 2011
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to unemployment insurance
benefits, contributions, and partial unemployment; and to repeal
subdivision 4 of section 575-a of such law relating to penalties
relating to wage information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor
law, as amended by chapter 589 of the laws of 1998, is amended to read
as follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after eight
thousand five hundred dollars have been paid to such employee by such
employer with respect to employment during any calendar year, EXCEPT
THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING
WITH THE FIRST DAY OF JANUARY, TWO THOUSAND TWELVE WHICH EXCEEDS NINE
THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION
PAID TO AN EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY
CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND
THIRTEEN WHICH EXCEEDS TEN THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH
TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH
RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST
DAY OF JANUARY, TWO THOUSAND FOURTEEN WHICH EXCEEDS ELEVEN THOUSAND FIVE
HUNDRED DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN
EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR
YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND FIFTEEN WHICH
EXCEEDS TWELVE THOUSAND DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERA-
TION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT
DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06806-01-1
A. 6138 2
THOUSAND SIXTEEN WHICH EXCEEDS TWELVE THOUSAND FIVE HUNDRED DOLLARS, NOR
SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER
WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING WITH THE
FIRST DAY OF JANUARY, TWO THOUSAND SEVENTEEN WHICH EXCEEDS THIRTEEN
THOUSAND DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN
EMPLOYEE BY AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR
YEAR BEGINNING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND EIGHTEEN
WHICH EXCEEDS THIRTEEN THOUSAND FIVE HUNDRED DOLLARS, NOR SHALL SUCH
TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER WITH
RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING WITH THE FIRST
DAY OF JANUARY, TWO THOUSAND NINETEEN WHICH EXCEEDS FOURTEEN THOUSAND
DOLLARS, NOR SHALL SUCH TERM INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY
AN EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGIN-
NING WITH THE FIRST DAY OF JANUARY, TWO THOUSAND TWENTY AND THEREAFTER
WHICH EXCEEDS EIGHTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE;
PROVIDED, HOWEVER, THAT IN CALCULATING SUCH MAXIMUM AMOUNT OF REMUNERA-
TION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE STATE'S AVERAGE WEEKLY
WAGE TIMES EIGHTEEN PERCENT SHALL BE ROUNDED UP TO THE NEAREST HUNDRED
DOLLARS. The term "employment" includes for the purposes of this subdi-
vision services constituting employment under any unemployment compen-
sation law of another state or the United States. NOTWITHSTANDING THE
FOREGOING, THE MAXIMUM AMOUNT OF REMUNERATION WHICH SHALL CONSTITUTE
"WAGES" WITHIN THE MEANING OF THIS SECTION AS OF THE FIRST DAY OF JANU-
ARY, TWO THOUSAND TWENTY-TWO, AND ON EACH JANUARY FIRST THEREAFTER,
SHALL BE REDUCED BY ONE PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE, WITH
THE AMOUNT ARRIVED AT BEING ROUNDED UP TO THE NEAREST HUNDRED DOLLARS,
IF ON THE PRECEDING THIRTY-FIRST DAY OF DECEMBER THE COMMISSIONER SHALL
HAVE DETERMINED THAT ON SUCH DAY AND THE IMMEDIATELY PRECEDING
THIRTY-FIRST DAY OF DECEMBER, THE FUND HAD A BALANCE EQUAL TO OR GREATER
THAN 1.7 PERCENT OF AGGREGATE TAXABLE WAGES OF THE PRIOR YEAR, PROVIDED
HOWEVER, THAT IF, ON ANY THIRTY-FIRST DAY OF DECEMBER FOLLOWING SUCH
REDUCTION IN THE MAXIMUM AMOUNT OF REMUNERATION, THE COMMISSIONER SHALL
DETERMINE THAT THE BALANCE OF THE FUND IS LESS THAN 1.25 PERCENT OF
AGGREGATE TAXABLE WAGES OF THE PRIOR YEAR, THE MAXIMUM AMOUNT OF REMUN-
ERATION FOR THE CALENDAR YEAR BEGINNING WITH THE FIRST DAY OF JANUARY
NEXT SUCCEEDING SUCH DATE SHALL INCREASE BY TWO PERCENT OF THE STATE'S
AVERAGE ANNUAL WAGE, WITH THE AMOUNT ARRIVED AT BEING ROUNDED UP TO THE
NEAREST HUNDRED DOLLARS. IN NO CASE MAY SUCH REDUCTION REDUCE THE MAXI-
MUM AMOUNT OF REMUNERATION WHICH SHALL CONSTITUTE WAGES BELOW TEN THOU-
SAND DOLLARS.
S 2. The labor law is amended by adding a new section 529 to read as
follows:
S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
AL WAGE" SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
THE PREVIOUS CALENDAR YEAR DETERMINED BY THE COMMISSIONER NO LATER THAN
THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
2. THE "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR DETERMINED BY THE
COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
S 3. Subdivision 1 of section 560 of the labor law, as amended by
chapter 103 of the laws of 1965, is amended to read as follows:
1. Liability. Any employer shall become liable for contributions under
this article if he has paid remuneration of [three hundred dollars] ONE
PERCENT OF AVERAGE ANNUAL WAGE ROUNDED UP TO THE NEAREST TEN DOLLARS, or
more in any calendar quarter, except that liability with respect to
persons employed in personal or domestic service in private homes shall
A. 6138 3
be considered separately and an employer shall become liable for
contributions with respect to such persons only if he has paid to them
remuneration in cash of [five hundred dollars] ONE AND ONE-HALF PERCENT
OF AVERAGE ANNUAL WAGE, ROUNDED UP TO THE NEAREST TEN DOLLARS, or more
in any calendar quarter. Such liability for contributions shall
commence on the first day of such calendar quarter.
An employer who, by operation of law, purchase or otherwise becomes
successor to an employer liable for contributions shall become liable
for contributions on the day of his succession. This provision shall not
affect such successor's liability as otherwise prescribed by law for
unpaid contributions due from his predecessor.
S 4. Subparagraph 3 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 589 of the laws of 1998, is
amended to read as follows:
(3) An employer's account shall not be charged, and the charges shall
instead be made to the general account, for benefits paid to a claimant
RESULTING FROM A VOLUNTARY SEPARATION RESULTING FROM DOMESTIC VIOLENCE,
THE ILLNESS OR DISABILITY OF A MEMBER OF THE CLAIMANT'S IMMEDIATE FAMI-
LY, OR THE NEED FOR THE CLAIMANT TO ACCOMPANY HIS OR HER SPOUSE DUE TO A
CHANGE IN LOCATION OF THE SPOUSE'S EMPLOYMENT TO A PLACE FROM WHICH IT
IS IMPRACTICAL FOR SUCH INDIVIDUAL TO COMMUTE, OR after the expiration
of a period of disqualification from benefits following a final determi-
nation that the claimant lost employment with the employer through
misconduct or voluntary separation of employment without good cause
within the meaning of section five hundred ninety-three of this article
and the charges are attributable to remuneration paid during the claim-
ant's base period of employment with such employer prior to the claim-
ant's loss of employment with such employer through misconduct or volun-
tary separation of employment without good cause.
S 5. Paragraph (a) of subdivision 2 of section 581 of the labor law,
as added by chapter 413 of the laws of 2003, is amended to read as
follows:
(a) Each qualified employer's rate of contribution shall be the
percentage shown in the column headed by the size of the fund index as
of the computation date and on the same line with his or her negative or
positive employer's account percentage, except that if within the three
payroll years preceding the computation date any part of a negative
balance has been transferred from any employer's account as a charge to
the general account pursuant to the provisions of paragraph (e) of
subdivision one of this section such employer's rate of contribution
shall be the maximum contribution rate as shown in the column headed by
the size of fund index;
Size of Fund Index
Employer's
Account
Percentage Less 0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
Than but but but but but but but but but but or
0% less less less less less less less less less less more
than than than than than than than than than than
0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
Negative
A. 6138 4
21.0%
or more 8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
________________________________________________________________________
20.5%
or more
but less
than 21.0% 8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
________________________________________________________________________
20.0%
or more
but less
than 20.5% 8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
________________________________________________________________________
19.5%
or more
but less
than 20.0% 8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
________________________________________________________________________
19.0%
or more
but less
than 19.5% 8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
________________________________________________________________________
18.5%
or more
but less
than 19.0% 8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
________________________________________________________________________
18.0%
or more
but less
than 18.5% 8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
________________________________________________________________________
17.5%
or more
but less
than 18.0% 8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20
________________________________________________________________________
17.0%
or more
but less
than 17.5% 8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
________________________________________________________________________
16.5%
or more
but less
than 17.0% 8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
________________________________________________________________________
16.0%
or more
but less
than 16.5% 7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
________________________________________________________________________
15.5%
or more
A. 6138 5
but less
than 16.0% 7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
________________________________________________________________________
15.0%
or more
but less
than 15.5% 7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
________________________________________________________________________
14.5%
or more
but less
than 15.0% 7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
________________________________________________________________________
14.0%
or more
but less
than 14.5% 7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
________________________________________________________________________
13.5%
or more
but less
than 14.0% 7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
________________________________________________________________________
13.0%
or more
but less
than 13.5% 7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
________________________________________________________________________
12.5%
or more
but less
than 13.0% 7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
________________________________________________________________________
12.0%
or more
but less
than 12.5% 7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
________________________________________________________________________
11.5%
or more
but less
than 12.0% 7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
________________________________________________________________________
11.0%
or more
but less
than 11.5% 6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
________________________________________________________________________
10.5%
or more
but less
than 11.0% 6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80
________________________________________________________________________
10.0%
or more
A. 6138 6
but less
than 10.5% 6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
________________________________________________________________________
9.5%
or more
but less
than 10.0% 6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
________________________________________________________________________
9.0%
or more
but less
than 9.5% 6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
________________________________________________________________________
8.5%
or more
but less
than 9.0% 6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
________________________________________________________________________
8.0%
or more
but less
than 8.5% 6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
________________________________________________________________________
7.0%
or more
but less
than 8.0% 6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
________________________________________________________________________
6.0%
or more
but less
than 7.0% 6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
________________________________________________________________________
5.0%
or more
but less
than 6.0% 6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
________________________________________________________________________
4.0%
or more
but less
than 5.0% 5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
________________________________________________________________________
3.0%
or more
but less
than 4.0% 5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
________________________________________________________________________
2.0%
or more
but less
than 3.0% 5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
________________________________________________________________________
1.0%
or more
A. 6138 7
but less
than 2.0% 5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
________________________________________________________________________
Less
than 1.0% 5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40
________________________________________________________________________
Positive
Less
than 1.0% 4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
________________________________________________________________________
1.0%
or more
but less
than 2.0% 4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
________________________________________________________________________
2.0%
or more
but less
than 3.0% 3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
________________________________________________________________________
3.0%
or more
but less
than 4.0% 3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
________________________________________________________________________
4.0%
or more
but less
than 5.0% 3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
________________________________________________________________________
5.0%
or more
but less
than 5.5% 3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
________________________________________________________________________
5.5%
or more but
less than
5.75% 3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
________________________________________________________________________
5.75%
or more
but less
than 6.0% 3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
________________________________________________________________________
6.0%
or more but
less than
6.25% 3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
________________________________________________________________________
6.25%
or more
but less
than 6.5% 3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
A. 6138 8
________________________________________________________________________
6.5%
or more but
less than
6.75% 3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
________________________________________________________________________
6.75%
or more
but less
than 7.0% 3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
________________________________________________________________________
7.0%
or more but
less than
7.25% 2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
________________________________________________________________________
7.25%
or more
but less
than 7.5% 2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
________________________________________________________________________
7.5%
or more but
less than
7.75% 2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
________________________________________________________________________
7.75%
or more
but less
than 8.0% 2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
________________________________________________________________________
8.0%
or more but
less than
8.25% 2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
________________________________________________________________________
8.25%
or more
but less
than 8.5% 2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
________________________________________________________________________
8.5%
or more but
less than
8.75% 2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
________________________________________________________________________
8.75%
or more
but less
than 9.0% 2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
________________________________________________________________________
9.0%
or more but
less than
9.25% 2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
A. 6138 9
________________________________________________________________________
9.25%
or more
but less
than 9.5% 2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
9.5%
or more but
less than
9.75% 1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
9.75%
or more but
less than
10.0% 1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
10.0%
or more but
less than
10.25% 1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
10.25%
or more but
less than
10.5% 1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
10.5%
or more [but
less than
10.75%] 1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
[10.75%
or more but
less than
11.0% 1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
11.0%
or more but
less than
11.25% 1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
11.25%
or more but
less than
11.5% 1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
11.5%
or more but
less than
11.75% 1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
________________________________________________________________________
11.75%
or more but
less than
12.0% 1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
A. 6138 10
________________________________________________________________________
12.0% or
more 0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
________________________________________________________________________
S 6. Subdivision 5 of section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
ty-sixth of the remuneration paid during the highest calendar quarter of
the base period by employers, liable for contributions or payments in
lieu of contributions under this article. However, for claimants whose
high calendar quarter remuneration during the base period is three thou-
sand five hundred seventy-five dollars or less, the benefit amount shall
be one twenty-fifth of the remuneration paid during the highest calendar
quarter of the base period by employers liable for contributions or
payments in lieu of contributions under this article. Any claimant
whose high calendar quarter remuneration during the base period is more
than three thousand five hundred seventy-five dollars shall not have a
weekly benefit amount less than one hundred forty-three dollars. The
weekly benefit amount, so computed, that is not a multiple of one dollar
shall be lowered to the next multiple of one dollar. On the first Monday
of September, nineteen hundred ninety-eight the weekly benefit amount
shall not exceed three hundred sixty-five dollars nor be less than forty
dollars, until the first Monday of September, two thousand, at which
time the maximum benefit payable pursuant to this subdivision shall
equal one-half of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. ON THE FIRST MONDAY OF JANUARY, TWO THOUSAND TWELVE, THE WEEKLY
BENEFIT SHALL NOT BE LESS THAN SEVENTY-FIVE DOLLARS NOR SHALL IT EXCEED
A. 6138 11
FOUR HUNDRED SEVENTY-FIVE DOLLARS. ON THE FIRST MONDAY OF JULY, TWO
THOUSAND THIRTEEN, THE MAXIMUM BENEFIT RATE SHALL BE FORTY-THREE PERCENT
OF THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND
FOURTEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FORTY-FIVE PERCENT OF
THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND
EIGHTEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FORTY-SEVEN PERCENT OF
THE AVERAGE WEEKLY WAGE UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND
NINETEEN WHEN THE MAXIMUM BENEFIT RATE SHALL BE FIFTY PERCENT OF THE
AVERAGE WEEKLY WAGE. EACH YEAR THEREAFTER, THE MAXIMUM BENEFIT RATE
SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE.
S 7. Paragraph (a) of subdivision 1, the opening paragraph of subdivi-
sion 2 and subdivision 3 of section 593 of the labor law, paragraph (a)
of subdivision 1 as amended by chapter 35 of the laws of 2009, the open-
ing paragraph of subdivision 2 as amended by chapter 5 of the laws of
2000 and subdivision 3 as amended by chapter 589 of the laws of 1998,
are amended to read as follows:
(a) No days of total unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times his or her weekly benefit rate. In
addition to other circumstances that may be found to constitute good
cause, including a compelling family reason as set forth in paragraph
(b) of this subdivision, voluntary separation from employment shall not
in itself disqualify a claimant if circumstances have developed in the
course of such employment that would have justified the claimant in
refusing such employment in the first instance under the terms of subdi-
vision two of this section or if the claimant, pursuant to an option
provided under a collective bargaining agreement or written employer
A. 6138 12
plan which permits waiver of his right to retain the employment when
there is a temporary layoff because of lack of work, has elected to be
separated for a temporary period and the employer has consented thereto.
No days of total unemployment shall be deemed to occur beginning with
the day on which a claimant, without good cause, refuses to accept an
offer of employment for which he is reasonably fitted by training and
experience, including employment not subject to this article, until he
has subsequently worked in employment and earned remuneration at least
equal to [five] TEN times his or her weekly benefit rate. Except that
claimants who are not subject to a recall date or who do not obtain
employment through a union hiring hall and who are still unemployed
after receiving thirteen weeks of benefits shall be required to accept
any employment proffered that such claimants are capable of performing,
provided that such employment would result in a wage not less than
eighty percent of such claimant's high calendar quarter wages received
in the base period and not substantially less than the prevailing wage
for similar work in the locality as provided for in paragraph (d) of
this subdivision. No refusal to accept employment shall be deemed with-
out good cause nor shall it disqualify any claimant otherwise eligible
to receive benefits if:
3. Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in connection with
his or her employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to [five] TEN times his or
her weekly benefit rate.
S 8. Section 594 of the labor law, as amended by chapter 728 of the
laws of 1952, the opening paragraph as amended by chapter 139 of the
laws of 1968, is amended to read as follows:
A. 6138 13
S 594. Reduction of benefits for false statement. A claimant who has
wilfully made a false statement or representation to obtain any benefit
under the provisions of this article shall forfeit benefits for at least
the first four but not more than the first eighty effective days follow-
ing discovery of such offense for which he otherwise would have been
entitled to receive benefits. Such penalty shall apply only once with
respect to each such offense.
For the purpose of subdivision four of section five hundred ninety of
this [article] TITLE, the claimant shall be deemed to have received
benefits for such forfeited effective days.
The penalty provided in this section shall not be confined to a single
benefit year but shall no longer apply in whole or in part after the
expiration of two years from the date [on which the offense was commit-
ted] OF THE FINAL DETERMINATION. SUCH TWO YEAR PERIOD SHALL BE EXTENDED
DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
A claimant shall refund all moneys received because of such false
statement or representation made by him AND PAY A CIVIL PENALTY IN AN
AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF SUCH OVERPAID
BENEFITS. WHEN A DETERMINATION, BASED UPON A WILFUL FALSE STATEMENT OR
REPRESENTATION OR BASED UPON THE WILLFUL CONCEALMENT OF A PERTINENT FACT
IN CONNECTION WITH THE CLAIM FOR BENEFITS, BECOMES FINAL THROUGH
EXHAUSTION OF APPEAL RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE
COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE
CLAIMANT RESIDES, THE FINAL DETERMINATION OF THE COMMISSIONER, OR THE
FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE APPEAL BOARD OR A
COURT, CONTAINING THE AMOUNT FOUND TO BE DUE, INCLUDING INTEREST AND
PENALTY. THE FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF
A. 6138 14
SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND
IN THE SAME MANNER, AND WITH LIKE EFFECT AS THAT PRESCRIBED BY THE CIVIL
PRACTICE LAW AND RULES FOR THE RECOVERY OF A MONEY JUDGMENT, INCLUDING
ACCRUAL OF INTEREST. PENALTIES ASSESSED BECAUSE OF SUCH FALSE STATEMENT
OR REPRESENTATION OR WILLFUL CONCEALMENT MAY ALSO BE RECOVERED THROUGH
COMMON LAW OR STATUTORY RIGHTS OF OFFSET AND SHALL BE DEPOSITED IN THE
UNEMPLOYMENT INSURANCE CONTROL FUND ESTABLISHED PURSUANT TO SUBDIVISION
TWO OF SECTION FIVE HUNDRED FIFTY-TWO-B OF THIS ARTICLE.
S 9. Subdivision 1 of section 596 of the labor law, as amended by
chapter 204 of the laws of 1982, is amended to read as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits [at] WITH the [local state employment office
serving the area in which he was last employed or in which he resides]
DEPARTMENT'S UNEMPLOYMENT INSURANCE DIVISION within such time and in
such manner as the commissioner shall prescribe. He shall disclose
whether he owes child support obligations, as hereafter defined. If a
claimant making such disclosure is eligible for benefits, the commis-
sioner shall notify the state or local child support enforcement agency,
as hereafter defined, that the claimant is eligible.
A claimant shall correctly report any days of employment and any
compensation he received for such employment, including employments not
subject to this article, and the days on which he was totally unemployed
and shall make such reports in accordance with such regulations as the
commissioner shall prescribe.
S 10. Section 575 of the labor law is amended by adding a new subdivi-
sion 2 to read as follows:
2. PENALTIES. IF ANY EMPLOYER FAILS TO COMPLY WITH THE PROVISIONS IN
SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER MAY IMPOSE A PENALTY
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OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS FOR
EACH DAY'S FAILURE TO KEEP THE RECORDS AND/OR FURNISH THE RECORDS
REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION. EACH DAY'S FAILURE TO
KEEP AND/OR FURNISH THE RECORDS REQUIRED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL CONSTITUTE A SEPARATE OFFENSE. IN ASSESSING THE AMOUNT OF
THE PENALTY, OR THE PERIOD FOR WHICH THE PENALTY SHALL APPLY, THE
COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE SIZE OF THE EMPLOYER'S
BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY OF THE VIOLATION,
THE HISTORY OF PREVIOUS VIOLATIONS AND FAILURE TO COMPLY WITH THE
PAYMENT, RECORDKEEPING, AUDIT AND REPORTING REQUIREMENTS OF THIS ARTI-
CLE.
S 11. Subdivision 4 of section 575 of the labor law, as amended by
chapter 634 of the laws of 1952 and as renumbered by chapter 639 of the
laws of 1954, is amended to read as follows:
[4] 3. Collection and disposition of penalties. Any penalty pursuant
to the provisions of this section AND SECTION FIVE HUNDRED
SEVENTY-FIVE-A OF THIS TITLE shall be assessed, collected, and paid into
the [fund] UNEMPLOYMENT INSURANCE CONTROL FUND ESTABLISHED PURSUANT TO
SECTION FIVE HUNDRED FIFTY-TWO-B OF THIS ARTICLE in the same manner as
if it were a deficiency, in accordance with the provisions of this
title.
S 12. Subdivision 4 of section 575-a of the labor law is REPEALED.
S 13. Section 630 of the labor law, as added by chapter 705 of the
laws of 1944, is amended to read as follows:
S 630. Penalties. Any misdemeanor defined in this title shall be
punishable by a fine of not more than [five hundred] ONE THOUSAND
dollars or imprisonment for not more than one year, or both.
A. 6138 16
The penalties and misdemeanors imposed by this title are in addition
to those otherwise prescribed in this entire article.
S 14. Section 605 of the labor law, as amended by section 2 of chapter
81 of the laws of 1992, is amended to read as follows:
S 605. Qualified employers; application. An employer who has at least
[five] TWO full time employees may apply to participate in a shared work
program. The application shall be made according to such forms and
procedures as the commissioner may specify and shall include such infor-
mation as the commissioner may require. The commissioner shall not
approve such application unless the employer (1) agrees that for the
duration of the program it will not eliminate or diminish health insur-
ance, medical insurance, or any other fringe benefits provided to
employees immediately prior to the application; (2) certifies that the
collective bargaining agent for the employees, if any, has agreed to
participate in the program; (3) certifies that if not for the shared
work program to be initiated the employer would reduce or would have
reduced its work force to a degree equivalent to the total number of
working hours proposed to be reduced or restricted for all included
employees; (4) certifies that it will not hire additional part time or
full time employees for the affected work force while the program is in
operation; and (5) agrees that no participant of the program shall
receive, in the aggregate, more than twenty weeks of benefits exclusive
of the waiting week.
S 15. Severability. If any amendment contained in a clause, sentence,
paragraph, section or part of this act shall be adjudged by the United
States Department of Labor to violate requirements for maintaining bene-
fit standards required of the state in order to be eligible for any
financial benefit offered through federal law or regulation including,
A. 6138 17
but not limited to, the waiver of interest on advances or the waiver of
obligations to repay such advances to the state unemployment insurance
fund, such amendments shall be severed from this act and shall not
affect, impair or invalidate the remainder thereof.
S 16. This act shall take effect immediately, except that:
a. sections one, three and five of this act shall take effect January
1, 2012 and shall apply to all wages payable in the taxable year begin-
ning with such date;
b. section four of this act shall take effect ninety days after this
act shall have become a law and shall apply to charges related to all
full weeks of benefits paid on or after the effective date of such
section;
c. section seven of this act shall take effect one hundred twenty days
after this act shall have become a law and shall apply only to valid
original claims filed on or after the effective date of such section;
d. section six of this act shall take effect January 1, 2012 and shall
apply to all persons receiving regular unemployment insurance benefits
on such date and to new benefit claims payable after such date;
e. section eight of this act shall take effect sixty days after this
act shall have become a law and shall apply to all willful false state-
ments or misrepresentations made on or after the effective date of such
section and determinations and penalties arising therefrom; and
f. sections ten and eleven of this act shall take effect sixty days
after this act shall have become a law and shall apply to all violations
committed on or after the effective date of such sections.