Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to labor |
May 06, 2013 |
referred to labor |
Senate Bill S5020
2013-2014 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S5020 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §597, Lab L
2013-S5020 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5020 TITLE OF BILL: An act to amend the labor law, in relation to requiring the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid SUMMARY OF PROVISIONS: Section One of the bill amends paragraph (b) of subdivision 2 of section 597 of the Labor law, as amended by chapter 413 of the laws of 2003 to state the unemployment benefits are to be determined by the Commissioner of Labor, and shall be based upon either the period the claimant has worked for the employer and or the period for which the claimant was paid by the employer, whichever is favorable to the applicant. EXISTING LAW: New bill JUSTIFICATION: Under existing laws and regulations, one of the criteria by which the New York State Department of Labor (DOL) determines eligibility for Unemployment Insurance (UI) excludes certain individuals who should be eligible and rewards employers who are tardy in issuing paychecks. To meet the criterion in question, a UI applicant's total wages in the
2013-S5020 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5020 2013-2014 Regular Sessions I N S E N A T E May 6, 2013 ___________ Introduced by Sen. HOYLMAN -- 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 requiring the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 597 of the labor law, as amended by chapter 413 of the laws of 2003, is amended to read as follows: (b) Whenever a claimant's base period includes a completed calendar quarter for which a wage data report is not due or has not been received and the claimant provides information as required by the commissioner, the commissioner shall determine such claimant's entitlement and benefit rate using the information the claimant provided for such quarter; PROVIDED, THAT ANY DETERMINATION OF ENTITLEMENT AND BENEFIT RATE DETER- MINED BY THE COMMISSIONER PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE BASED UPON THE ENTIRE PERIOD THE CLAIMANT HAS WORKED FOR THE EMPLOYER AND NOT ONLY ON THE PERIOD FOR WHICH THE CLAIMANT WAS PAID BY THE EMPLOYER. However, in those instances where the claimant is unable to provide such information to the commissioner's satisfaction, the commissioner may request the employer to provide the amount of remunera- tion paid to such individual. The commissioner shall notify each base period employer upon the establishment of a valid original claim, of such claim. If an employer provides new or corrected information in response to the initial notice of monetary entitlement, adjustments to the claimant's benefit rate and adjustments to the employer's experience rating account shall be prospective as of the date such information was received by the department. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10742-01-3
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