senate Bill S357

Amended

Relates to the refusal to work and the disqualification of benefits

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 29 / Jan / 2014
    • PRINT NUMBER 357A

Summary

Relates to the refusal to work and the disqualification of benefits.

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Bill Details

Versions:
S357
S357A
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง593, Lab L

Sponsor Memo

BILL NUMBER:S357

TITLE OF BILL:
An act
to amend the labor law, in relation to disqualification for benefits and
refusal of employment

PURPOSE:
This act would require a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than
the wage such claimant received in his or her high calendar quarter
of the base period.

SUMMARY OF PROVISIONS:
Section one requires a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than
the wage such claimant received in his or her high calendar quarter
of the base period.
Claimants are provided with the ability to refuse such employment with
good cause if the hours or working conditions offered are
substantively less favorable to the claimant than those prevailing
for similar work in the locality, or are such that tend to depress
working conditions.

EXISTING LAW:
A claimant may turn down employment that is equal to or greater than
eighty percent of the wage such claimant received in his or her high
calendar' quarter of the base period if such wage is substantially
less than the prevailing wage for similar work in the locality.

JUSTIFICATION:
An employee that has been laid off currently can refuse to return to a
job he/she previously held at the same wage he/she previously earned
because he/she is being offered a wage less than the prevailing wage,
The prevailing wage does not take into account experience, but solely
the job description, creating a situation in which entry level
employees can refuse to return to employment unless they are offered
a wage more appropriate to someone with significant experience. This
dynamic keeps workers from returning to the workforce, increasing the
cost of unemployment insurance on businesses.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.


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

                                   357

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 disqualification for bene-
  fits and refusal of employment

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

  Section 1 Subdivision 2 of section 593 of the labor law, as amended by
chapter  415  of  the  laws of 1983, the opening paragraph as amended by
chapter 5 of the laws of 2000, paragraph (a) as added by chapter 589  of
the  laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of
the laws of 2009, is amended to read as follows:
  2. Refusal of employment. 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 reason-
ably 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 times his or her weekly bene-
fit  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 SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES  RECEIVED
IN  THE  BASE  PERIOD;  OR  WOULD  RESULT  IN A WAGE GREATER 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 without
good cause nor shall it disqualify any claimant  otherwise  eligible  to
receive benefits if:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02125-01-3

S. 357                              2

  (a) a refusal to accept employment which would interfere with a claim-
ant's  right  to  join or retain membership in any labor organization or
otherwise interfere with or violate the terms of a collective bargaining
agreement shall be with good cause; OR
  (b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or
  (c)  the employment is at an unreasonable distance from his residence,
or travel to and from the place of employment involves expense  substan-
tially  greater  than  that required in his former employment unless the
expense be provided for; or
  (d) THE WAGES AND COMPENSATION ARE  LESS  THAN  SUCH  CLAIMANT'S  HIGH
CALENDAR  QUARTER  WAGES AND COMPENSATION RECEIVED, the wages or compen-
sation [or hours or conditions] offered are substantially less favorable
to the claimant than those prevailing for similar work in the  locality,
or are such as tend to depress wages [or working conditions]; OR
  (E)  THE  HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY LESS FAVORABLE
TO THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE  LOCALITY,
OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or
  [(e)] (F) the claimant is seeking part-time work as provided in subdi-
vision  five  of  section  five hundred ninety-six of this title and the
offer of employment is not comparable to his or her  part-time  work  as
defined in such subdivision.
  S 2. This act shall take effect immediately.

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