S T A T E O F N E W Y O R K
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.