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

                                  2216

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. CALHOUN, ERRIGO, KOLB, McDONOUGH -- Multi-Spon-
  sored by -- M. of A.  CROUCH, SAYWARD -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to experience  rating  charge
  for unemployment benefits

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

  Section 1. Subparagraph 5 of paragraph (e) of subdivision 1 of section
581 of the labor law, as amended by chapter 589 of the laws of 1998,  is
amended to read as follows:
  (5)   If an employer who employed the claimant in the four weeks imme-
diately preceding the filing of a valid original claim demonstrates that
the employer has continuously employed the claimant without  significant
interruption and substantially to the same extent and in the same manner
as during the weeks immediately preceding the filing of a valid original
claim  in which the claimant was employed by such employer, OR WHERE THE
CLAIMANT WAS EMPLOYED BY A MUNICIPALITY FOR LESS THAN TWO DAYS PER  WEEK
DURING  THE  YEAR  IMMEDIATELY  PRECEDING THE FILING OF A VALID ORIGINAL
CLAIM AND CONTINUES TO BE EMPLOYED BY SUCH MUNICIPALITY, the account  of
such  employer  shall not be charged with benefits paid to such claimant
for any weeks of such continuing employment, and such experience  rating
charges  shall be made to the general account.  The provisions set forth
in the foregoing sentence shall apply with respect to an employer liable
for payments in lieu of contributions, but if the secretary of labor  of
the  United  States  finds that their application to such  employer does
not meet the requirements of the  federal  unemployment  tax  act,  such
provisions shall not thereafter apply to such employer, unless and until
such  finding  has been set aside pursuant to a final decision issued in
accordance with such judicial review proceedings as  may  be  instituted
and  completed  under the provisions of section thirty-three hundred ten
of the federal unemployment tax act.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05542-01-9