senate Bill S1426

Relates to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Relates to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services.

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Bill Details

Versions:
S1426
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง593, Lab L

Sponsor Memo

BILL NUMBER:S1426

TITLE OF BILL:
An act
to amend the labor law, in relation to conditions for the
disqualification for unemployment
benefits of persons formerly employed by temporary employment services

PURPOSE:
To provide that an employee of a temporary employment service
shall be deemed to have voluntarily separated from employment if such
individual does not contact the employment firm within five days for
reassignment upon the completion of an assignment.

SUMMARY OF PROVISIONS:
Amends Section 593 of the Labor Law to provide
that an employee of a temporary employment service shall be deemed to
have voluntarily separated from employment if such individual does
not contact the employment firm within five days for reassignment
upon the completion of an assignment. Failure to contact the
temporary employment service shall not be deemed a voluntary
separation unless the claimant has been advised of the obligation and
that benefits may be denied for the failure to do so.

JUSTIFICATION:
Individuals may end job assignments
and not contact the
temporary employment service that originally assigned the individual
to a job. Such individual may be unaware of continuing job
opportunities available through reassignment by the temporary
employment service and subsequently file for unemployment insurance.
This bill will ensure that there is communication between the
temporary employment service and the individual in order to determine
if there are any opportunities for reassignment.

LEGISLATIVE HISTORY:
2003-2004: S.2267 --- Referred to Labor
2005-2006: S.4165 -- Referred to Labor
2007-2008: S.542 -- Referred to Labor
2009-2010: S.4433 -- Referred to Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1426

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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  conditions  for  the
  disqualification   for   unemployment  benefits  of  persons  formerly
  employed by temporary employment services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  593  of the labor law is amended by adding a new
subdivision 6 to read as follows:
  6. (A)  FOR  THE  PURPOSES  OF  THIS  SECTION,  "TEMPORARY  EMPLOYMENT
SERVICE"  MEANS A FIRM THAT EMPLOYS EMPLOYEES AND ASSIGNS SUCH EMPLOYEES
TO CLIENTS TO SUPPORT OR SUPPLEMENT THE WORK FORCE OF  SUCH  CLIENTS  IN
WORK  SITUATIONS  SUCH AS EMPLOYEE ABSENCES, TEMPORARY SKILLS SHORTAGES,
SEASONAL WORKLOADS, AND SPECIAL  ASSIGNMENTS  AND  PROJECTS.  "TEMPORARY
EMPLOYEE" MEANS AN EMPLOYEE ASSIGNED TO WORK FOR THE CLIENTS OF A TEMPO-
RARY EMPLOYMENT SERVICE.
  (B)  (I) AN EMPLOYEE OF A TEMPORARY EMPLOYMENT SERVICE SHALL BE DEEMED
TO HAVE VOLUNTARILY SEPARATED FROM EMPLOYMENT IF SUCH EMPLOYEE DOES  NOT
CONTACT  THE  TEMPORARY  EMPLOYMENT SERVICE FOR REASSIGNMENT WITHIN FIVE
BUSINESS DAYS OF THE COMPLETION OF AN ASSIGNMENT. SUCH CONTACT SHALL  BE
MADE  BY  PERSONAL  APPEARANCE  OR BY TELEPHONE OR ELECTRONIC FACSIMILE;
PROVIDED THAT SUCH CONTACT CAN BE VERIFIED.
  (II) FAILURE TO CONTACT THE TEMPORARY EMPLOYMENT SERVICE SHALL NOT  BE
DEEMED  A  VOLUNTARY  SEPARATION FROM EMPLOYMENT UNLESS THE CLAIMANT HAS
BEEN ADVISED OF THE OBLIGATION TO CONTACT SUCH SERVICE  UPON  COMPLETION
OF  ASSIGNMENTS AND THAT UNEMPLOYMENT BENEFITS MAY BE DENIED FOR FAILURE
TO DO SO.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05301-01-1

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