senate Bill S357A

Relates to the refusal to work and the disqualification of benefits

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Sponsor

Co-Sponsors

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:S357A

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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor  --  recom-
  mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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
section 15 of part O of chapter 57 of the laws of 2013, 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 or she is
reasonably fitted by training and experience, including  employment  not
subject  to  this  article,  until  he or she has subsequently worked in
employment and earned remuneration at least equal to 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 ten 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02125-02-4

S. 357--A                           2

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:
  (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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