Assembly Bill A9355

2023-2024 Legislative Session

Relates to employers' obligations to report wages for the purposes of unemployment benefits, the payment of unemployment benefits, and employer penalties for non-compliance

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A9355 (ACTIVE) - Details

See Senate Version of this Bill:
S8555
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§570, 572, 575, 575-a, 597 & 620, Lab L

2023-A9355 (ACTIVE) - Summary

Requires employers to report certain employees' wages for the purposes of unemployment benefits; relates to the payment of unemployment benefits, and employer penalties for non-compliance.

2023-A9355 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9355
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to employers' obligations  to
   report wages for the purposes of unemployment benefits, the payment of
   unemployment benefits, and employer penalties for non-compliance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 570 of the labor law,  as  amended
 by chapter 7 of the laws of 1985, is amended to read as follows:
   1.  Rate.  Each  employer  liable  under this article, INCLUDING THOSE
 EMPLOYERS LIABLE PURSUANT TO  THE  PRESUMPTION  IN  SUBDIVISION  ONE  OF
 SECTION  FIVE HUNDRED SEVENTY-TWO OF THIS TITLE, shall pay contributions
 on all wages paid by him at the rate of five and four-tenths per  centum
 or,  if  applicable  to  the  employer,  at  the  rate  provided  by the
 provisions of sections  five  hundred  seventy-seven  and  five  hundred
 eighty-one  OF  THIS  TITLE.  However,  if  contributions so established
 exceed five and four-tenths per centum of wages paid by  him  which  are
 subject  to  the  federal unemployment tax act, they shall be reduced by
 that part of such excess, if any, which is caused by the  provisions  of
 paragraph  (b)  of  subdivision  one of section five hundred eighteen OF
 THIS ARTICLE.
   § 2. Section 572 of the labor law, as amended by chapter  726  of  the
 laws of 1953, is amended to read as follows:
   § 572. [Notice] PRESUMPTION of liability. 1. NOTWITHSTANDING ANY OTHER
 PROVISION  OF  LAW,  UPON THE INITIAL DETERMINATION OF A CLAIM FOR BENE-
 FITS, IF THE DEPARTMENT DETERMINES THAT ANY PERSON IS OR WAS AN EMPLOYEE
 WITHIN THE MEANING OF THIS ARTICLE, THERE SHALL BE  A  PRESUMPTION  THAT
 SUCH DETERMINATION APPLIES TO ALL OTHERS PERFORMING SIMILAR SERVICES FOR
 THE  EMPLOYER  AND SUCH EMPLOYER HAS BECOME LIABLE FOR CONTRIBUTIONS FOR
 ALL SUCH EMPLOYEES UNDER SECTION FIVE  HUNDRED  SEVENTY  OF  THIS  TITLE
 AND/OR SECTION SIX HUNDRED SEVENTY-FOUR OF THE TAX LAW. UPON FINAL ADJU-
 DICATION  OF  ANY  INITIAL  DETERMINATION  FINDING  A  CLAIMANT TO BE AN
 EMPLOYEE, THE REPORTING AND  CONTRIBUTIONS  REQUIRED  UNDER  THIS  TITLE
 SHALL BE MADE ON ALL WAGES PAID TO SUCH CLAIMANT AND ALL OTHERS PERFORM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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