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Assembly Bill A613

2009-2010 Legislative Session

Relates to unemployment insurance benefits for professional employment by certain educational institutions

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A613 - Details

Current Committee:
Assembly Ways And Means
Versions Introduced in Other Legislative Sessions:
2011-2012: A1723, A6673
2013-2014: A6635

2009-A613 - Summary

Provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.

2009-A613 - Bill Text download pdf 

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

                                   613

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, SCHROEDER, O'DONNELL -- Multi-Sponsored by
  -- M. of A. DINOWITZ, LIFTON -- read once and referred to the  Commit-
  tee on Labor

AN  ACT  to  amend  the labor law, in relation to unemployment insurance
  benefits for professional employment by certain education institutions

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

  Section  1.  Subdivision 10 of section 590 of the labor law is amended
by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR  THE  PURPOSES  OF
THIS  SUBDIVISION,  AN  OFFER  OF  EMPLOYMENT  OR  ASSIGNMENT  MADE TO A
PART-TIME FACULTY EMPLOYEE BY  A  HIGHER  EDUCATION  INSTITUTION,  WHICH
OFFER  IS  CONTINGENT  ON  ENROLLMENT,  FUNDING, OR PROGRAMMATIC CHANGES
SHALL NOT CONSTITUTE REASONABLE ASSURANCE.  PROVIDED, HOWEVER,  THAT  IN
ANY  UNEMPLOYMENT INSURANCE PROCEEDING A WRITTEN LETTER FROM AN EMPLOYER
TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDITIONAL  SHALL  NOT  BE  PRIMA
FACIE  EVIDENCE  OF  REASONABLE ASSURANCE TO BE USED TO DENY A CLAIM FOR
UNEMPLOYMENT INSURANCE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02540-01-9

co-Sponsors

multi-Sponsors

2009-A613A (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Versions Introduced in Other Legislative Sessions:
2011-2012: A1723, A6673
2013-2014: A6635

2009-A613A (ACTIVE) - Summary

Provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.

2009-A613A (ACTIVE) - Bill Text download pdf 

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

                                 613--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, SCHROEDER, O'DONNELL -- Multi-Sponsored by
  -- M. of A.  DINOWITZ, LIFTON -- read once and referred to the Commit-
  tee on Labor -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the labor law, in relation to unemployment insurance
  benefits for professional employment by certain education institutions

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

  Section  1.  Subdivision 10 of section 590 of the labor law is amended
by adding a new paragraph (d) to read as follows:
  (D) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH  AMERI-
CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
IN  A  PRINCIPAL,  ADMINISTRATIVE,  RESEARCH OR INSTRUCTIONAL CAPACITY A
PERSON IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER  THAT
IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
EMPLOYER'S  BURDEN  TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME THIS
PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON  A  CASE-BY-CASE
BASIS  BY  THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY
ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF  AN
OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE  TO  BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02540-02-9

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