Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to labor |
May 22, 2009 |
referred to labor |
Senate Bill S5635
2009-2010 Legislative Session
Relates to rights to benefits and wages
download bill text pdfSponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5635 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8013
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd Lab L, generally; amd §10, Chap 413 of 2003; amd §3, Chap 831 of 1981
2009-S5635 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5635 TITLE OF BILL : An act to amend the labor law, in relation to rights to benefits and wages; to amend chapter 413 of the laws of 2003, amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof; to amend chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, in relation to the effectiveness thereof; to amend the labor law, in relation to agricultural labor crew leaders, in relation to extended benefits, and in relation to the domestic violence training program PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to update various provisions within the labor law relating to unemployment insurance. SUMMARY OF SPECIFIC PROVISIONS : Section 1 of the bill would amend subdivision 5 of section 590 of the labor law in order to provide for a graduated increase in the maximum unemployment insurance benefit to $475 in July of 2009, $525 in 2010, and 575 in 2011, $625 in 2012 and then indexed to one-half the average weekly wage from 2013 forward. It would also raise the benefit amount for the lowest wage workers from one twenty-fifth to one twenty-second of their highest quarter pay.
Section 2 would amend subdivision 1 of section 518 of the labor law in 1-w in order to provide for a graduated increase in the taxable wage base of each employee for which each employer is liable to pay unemployment insurance contributions to $9,750 in 2009, $11,500 in 2010, 13,000 in 2011, 15,000 in 2012, and from 2013 forward indexed to inflation. Section 3 would amend subdivision 10 of section 590 of the labor law in order to address colleges or universities assigned the North American industry classification code 611310 or 611210 for services performed in a principal administrative, research or instructional capacity. It is the employer's burden to address reasonable assurance and provision of proper documentation. Section 4 would amend subsection (d) of subdivision 11 of section 590 of the labor law and add a new subsection e to address claimants who were employed in other than an instructional, research, or principal administrative capacity by an educational institution. Section 5 would amend Section 10 of chapter 413 of the laws of 2003 amending the labor law relating to self-employment assistance. Section 6 of the bill would amend Labor Law §593(1) to confirm that individuals who are voluntarily separated from employment due to compelling family reasons are eligible for UI benefits and defines domestic violence and those who qualify under this definition. Section 7 of the bill would amend Labor Law §§593(2) and 596(5) of the Labor Law to provide that individuals who have worked on a part-time basis for the majority of time during their base period shall remain eligible to receive UI benefits if they are available to work a corresponding number of hours in new employment, and may not be disqualified from receiving benefits due to their refusal to accept full-time employment. Section 8 would amend Subdivision 5 of section 596 of the labor law, as added by chapter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997. This section defines "short time worker" and their access to UI benefits. Section 9 would amend Section 599 of the labor law, as amended by chapter 593 of the laws of 1991 in regards to career related training including remedial education and preservation of eligibility for UI. Section 10 would amend section 3 of chapter 831 of the laws of 1981 amending the labor law relating to fees and expenses in unemployment insurance proceedings and the effective dates. Section 11 would amend section 4 of section 597 of the labor law, as amended by chapter 61 of the laws of 1998 in relation to decisions made by a referee, the appeal board, or a court that results in decrease or denial of benefits. Section 12 would amend the opening paragraph of paragraph (a) of subdivision 6 of section 511 of the labor law, as amended by chapter 6675 of the laws of 1977. The term "employment" includes agricultural labor. Section 13 amends section 564 of the labor law, as added by chapter 675 of the laws of 1977 regarding agricultural labor crews. S Section 14 of the bill would make various changes to Labor Law §601, as follows: * Labor Law §601(1)(a)(1) would be amended to expand the definition of "state on indicator" to add an optional "state on indicator" using the State's Total Unemployment Rate (TUR), whenever Congress has appropriates funds to fully reimburse the benefit costs from the State UI Trust Fund resulting there under, as has occurred under ARRA. * Labor Law §601(1)(a)(2) would be amended to provide that he definition of "state off indicator" is only applicable if none of the options specified in subparagraph 1 result in an "on" indicator. * A new Labor Law §601(1)(a)(4) would be added to provide a definition for the term "rate of totally unemployment" * Labor Law §601(1)(a)(4) would be amended to extend the eligibility period to include the alternate eligibility period provided for in Section 2005(b) of Public Law 111-5 or other federal law. * The definitions of "extended benefits" and "regular benefits" in Labor Law §601 would be amended to conform to definitions found in federal law and to reflect the alternative extended benefits eligibility period set forth in ARRA. * Labor Law §601(2)(f) would be amended to conform language setting forth the earnings requirements for UI eligibility contained in UR Reform legislations enacted as Chapter 589 of the Laws of 1998 with federal law. * Labor Law §601(3) would be amended to provide for additional benefits during "periods of high unemployment," providing Congress provides 100% sharing of the benefit costs resulting there under. * Labor Law §601(4) would be amended to conform the UI benefit charging provisions related to Indian tribes to corresponding language in recent federal legislation covering this topic. This section is also amended to provide that benefit costs for an extended benefit program that are subject to 100% federal sharing shall be charged to the UI general account and credited with such federal payments received in the fund. * Labor law §601(5) would be amended to provide an exclusion authorized by federal law relating to work search requirements for claimants in approved training programs, and to conform state law to federal law provisions related to disqualifying circumstances and the subsequent work requirements for reestablishing eligibility under Labor Law §593. Section 15 would amend paragraph (c) of subdivision 1 of section 538 of the labor law, as amended by chapter 831 of the laws of 1981. Claims shall not be enforceable unless approved by the appeal board and shall in not event exceed the benefit allowed. Section 16 would add a new section of §541 of the labor law regarding a Domestic Violence Training Program for employees that interact with such claimants. Section 17 would amend subdivision 1 of section 560 of the labor law, as amended by chapter 103 of the laws of 1965. This amends employer liability regarding contributions made under this article if he has paid remuneration of (three hundred) ONE THOUSAND dollars or more in any calendar quarter, except that liability with respect persons employed in personal or domestic service in private homes shall be considered separately. Section 18 is the effective date. JUSTIFICATION : The American Recovery and Reinvestment Act of 2009 (ARRA) contains financial incentives for states to modernize their UI laws to make benefits more widely and equitably available to the unemployed. These "UI Modernization" incentives would bring nearly $442.2 million in federal funds to New York in the form of an additional $412.7 million dollars in UI benefit money and an additional $29.5 million in UI administrative costs. This legislation would make improvements to a wide range of unemployment issues which needs to be updated. In light of the current economic situation the unemployment insurance system must be reformed in order to provide adequate benefits and retraining to unemployed workers. This bill allows for a graduate increase in the maximum unemployment insurance benefit in order to provide for the increased expenses an unemployed worker must face and to allow for a reasonable adjustment period for employers over time. This bill would also raise the amount of pay an employer must compensate his workers before becoming liable for unemployment insurance contributions. This bill would also address problems with professional and nonprofessional employees of academic institutions. These employees have no "reasonable assurance" that they will have a job when the next semester states as that decision rests entirely with the employers and is often based on contingent factors such as enrollment, funding, and programmatic changes. In many cases, these employees are not notified by the college or university that there is no position for them until they are very close to the state of the next semester. In fact, current law provides an incentive for colleges and universities to wait as long as possible to officially disclose to part-time faculty that they will not be employed for the upcoming semester to avoid paying unemployment insurance costs for those employed between semesters. This bill would also clean up various sections of the labor law relating to unemployment insurance in order to remove inconsistencies and allow for survivors of domestic violence to collect unemployment insurance benefits. The cost of domestic violence on individuals, families and society as a whole can be devastating. .Physical, emotional, psychological and financial burdens are places on such victims and this legislation would offer financial protection to those who have lost their jobs or who must flee their homes and jobs in order to secure their safety due to domestic violence.
2009-S5635 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5635 2009-2010 Regular Sessions I N S E N A T E May 22, 2009 ___________ Introduced by Sen. SAVINO -- 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 rights to benefits and wages; to amend chapter 413 of the laws of 2003, amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof; to amend chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, in relation to the effectiveness thereof; to amend the labor law, in relation to agricul- tural labor crew leaders, in relation to extended benefits, and in relation to the domestic violence training program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 590 of the labor law, as amended by chapter 413 of the laws of 2003, is amended to read as follows: 5. Benefit rate. A claimant's weekly benefit amount shall be one twen- ty-sixth of the remuneration paid during the highest calendar quarter of the base period by employers, liable for contributions or payments in lieu of contributions under this article. However, for claimants whose high calendar quarter remuneration during the base period is [three thousand five hundred seventy-five] EIGHT THOUSAND dollars or less, the benefit amount shall be [one twenty-fifth] ONE TWENTY-SECOND of the remuneration paid during the highest calendar quarter of the base period by employers liable for contributions or payments in lieu of contrib- utions under this article. Any claimant whose high calendar quarter remuneration during the base period is more than [three] EIGHT thousand [five hundred seventy-five] dollars shall not have a weekly benefit amount less than [one hundred forty-three] THREE HUNDRED SIXTY dollars. The weekly benefit amount, so computed, that is not a multiple of one dollar shall be [lowered to] the next multiple of one dollar. On the first Monday of September, nineteen hundred ninety-eight the weekly EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11592-01-9
S. 5635 2 benefit amount shall not exceed three hundred sixty-five dollars nor be less than forty dollars, until the first Monday of September, two thou- sand, at which time the maximum benefit payable pursuant to this subdi- vision shall equal one-half of the state average weekly wage for covered employment as calculated by the department no sooner than July first, two thousand and no later than August first, two thousand, rounded [down] to the [lowest] NEXT dollar. ON THE FIRST MONDAY OF JULY, TWO THOUSAND NINE, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVEN- TY-FIVE DOLLARS NOR LESS THAN SEVENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND TEN AT WHICH TIME THE WEEKLY BENEFIT SHALL NOT EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND ELEVEN AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT SHALL NOT EXCEED FIVE HUNDRED SEVENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND TWELVE, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT SHALL NOT EXCEED SIX HUNDRED TWENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY OF JULY, TWO THOUSAND THIRTEEN, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT PURSUANT TO THIS SUBDIVISION SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE DEPARTMENT NO SOONER THAN JULY FIRST, TWO THOUSAND THIRTEEN AND NOT LATER THAN AUGUST FIRST, TWO THOUSAND THIRTEEN AND ON JULY FIRST OF EACH SUCCEEDING YEAR THE MAXIMUM BENEFIT SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY THE DEPARTMENT ANNUALLY PURSUANT TO THE MANNER DESCRIBED IN THIS SUBDI- VISION. S 2. Paragraph (a) of subdivision 1 of section 518 of the labor law, as amended by chapter 589 of the laws of 1998, is amended to read as follows: (a) "Wages" means all remuneration paid, except that such term does not include remuneration paid to an employee by an employer after [eight thousand five hundred] NINE THOUSAND SEVEN HUNDRED FIFTY dollars have been paid to such employee by such employer with respect to employment during any calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU- SAND TEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER ELEVEN THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND ELEVEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER THIRTEEN THOUSAND DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND TWELVE, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER FIFTEEN THOUSAND DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND THIRTEEN. IN EACH SUCCEEDING CALENDAR YEAR, THE DEPARTMENT SHALL CALCULATE THE BASE AMOUNT OF REMUNERATION NECESSARY FROM WHICH TO PRODUCE SUFFICIENT PREMIUM TO PROVIDE FOR THE ANNUAL INCREASES IN MAXIMUM WEEKLY BENEFIT PROVIDED FOR IN THIS ARTICLE, AND OTHER FUNDING FOR THE UNEMPLOYMENT INSURANCE TRUST FUND PURSUANT TO SECTION FIVE HUNDRED FIFTY OF THIS ARTICLE, AS MAY BE NECESSARY. The term "employment" includes for the purposes of this subdivision services constituting employment under any unemployment compensation law of another state or the United States. S 3. 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 S. 5635 3 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 4. Paragraph (d) of subdivision 11 of section 590 of the labor law, as amended by chapter 102 of the laws of 2002, is amended to read as follows: (d) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE COLLEGE'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. (E) Notwithstanding the foregoing provisions of this subdivision, a claimant who was not offered an opportunity to perform services for the educational institution for the second of such academic years or terms shall be entitled to be paid benefits retroactively for each week for which the claimant filed a timely claim for benefits and for which bene- fits were denied solely by reason of this subdivision. "Educational service agency" means a governmental agency or govern- mental entity or Indian tribal entity which is established and operated exclusively for the purpose of providing to one or more educational institutions services mentioned under this subdivision or subdivision ten of this section. S 5. Section 10 of chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, as amended by chapter 200 of the laws of 2007, is amended to read as follows: S 10. This act shall take effect immediately; provided, however, that sections eight and nine of this act shall expire December 7, [2009] 2011 when upon such date the provisions of such sections shall be deemed repealed. S 6. Subdivision 1 of section 593 of the labor law, as amended by chapter 415 of the laws of 1983, paragraph (a) as amended by chapter 268 of the laws of 1999, and paragraph (b) as amended by chapter 589 of the laws of 1998, is amended to read as follows: 1. Voluntary separation; SEPARATION FOR A COMPELLING FAMILY REASON. (a) No days of total unemployment shall be deemed to occur after a claimant's voluntary separation without good cause from employment until he or she has subsequently worked in employment and earned remuneration at least equal to five times his or her weekly benefit rate. In addition S. 5635 4 to other circumstances that may be found to constitute good cause, INCLUDING A COMPELLING FAMILY REASON AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, voluntary separation from employment shall not in itself disqualify a claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance under the terms of subdi- vision two of this section or if the claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for a temporary period and the employer has consented thereto. (B) A [voluntary separation may also be deemed for good cause if it occurred as a consequence of circumstances directly resulting from the claimant being a victim of domestic violence] CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING BENEFITS FOR SEPARATION FROM EMPLOYMENT DUE TO ANY COMPELLING FAMILY REASON. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "COMPELLING FAMILY REASON" SHALL INCLUDE, BUT NOT BE LIMITED TO, SEPARATIONS RELATED TO: (I) DOMESTIC VIOLENCE; OR (II) THE ILLNESS OR DISABILITY OF A MEMBER OF THE INDIVIDUAL'S IMMEDI- ATE FAMILY; OR (III) THE NEED FOR THE INDIVIDUAL TO ACCOMPANY SUCH INDIVIDUAL'S SPOUSE: (A) TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR SUCH INDIVIDUAL TO COMMUTE; AND (B) DUE TO A CHANGE IN LOCATION OF THE SPOUSE'S EMPLOY- MENT. [(b)] (C) A disqualification as provided in this subdivision shall also apply after a claimant's voluntary separation from employment if such voluntary separation was due to claimant's marriage. (D) "DOMESTIC VIOLENCE" REFERRED TO IN CLAUSE (I) OF PARAGRAPH (B) OF THIS SUBDIVISION MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN EMPLOY- EE'S DEPENDENT CHILD BY: (I) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR (II) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN COMMON; OR (III) A PERSON WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE EMPLOYEE; OR (IV) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR (V) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT RELATIONSHIP. (E) "ABUSE" MEANS: (I) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR (II) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM; OR (III) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR (IV) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION, STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR (V) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER NECESSITIES OF LIFE; OR (VI) RESTRAINING THE LIBERTY OF ANOTHER. (F) A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEMPLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFACTION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE TO DOMESTIC VIOLENCE, INCLUDING: (I) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT; S. 5635 5 (II) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN ORDER TO AVOID FUTURE DOMESTIC VIOLENCE; (III) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND LEGAL IMPACTS OF DOMESTIC VIOLENCE; (IV) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV- ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE; (V) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY. (G) A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY PROVIDING ONE OF THE FOLLOWING: (I) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF ISSUED BY A COURT OF COMPETENT JURISDICTION; (II) A POLICE RECORD DOCUMENTING THE ABUSE; (III) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT; (IV) MEDICAL DOCUMENTATION OF THE ABUSE; (V) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER, MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES- SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR (VI) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE. (H) NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUDING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY THE CLAIMANT. (I) FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIRE- MENTS TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE DOMESTIC VIOLENCE. S 7. Paragraph (d) of subdivision 2 of section 593 of the labor law, as amended by chapter 282 of the laws of 2002, is amended and a new paragraph (e) is added to read as follows: (d) the wages or compensation 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 CLAIMANT IS SEEKING PART-TIME WORK AS PROVIDED IN SUBDIVISION 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 8. Subdivision 5 of section 596 of the labor law, as added by chap- ter 705 of the laws of 1944 and as renumbered by section 148-a of part B of chapter 436 of the laws of 1997 and such section as renumbered by chapter 663 of the laws of 1946, is amended to read as follows: 5. [Short-time worker. A] PART TIME WORK. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, A claimant who for reasons personal to himself OR HERSELF is unable or unwilling to work [usual] full time and who customarily [works] WORKED less than the full time prevailing in his OR HER place of employment [shall register, when unemployed, as a short- time worker in such manner as the commissioner shall prescribe. The time which such claimant normally works in any calendar week shall be deemed his week of full-time employment] FOR A MAJORITY OF THE WEEKS WORKED DURING THE APPLICABLE BASE PERIOD, SHALL NOT BE DENIED UNEMPLOYMENT INSURANCE SOLELY BECAUSE THE CLAIMANT IS ONLY SEEKING PART TIME WORK. S. 5635 6 FOR PURPOSES OF THIS SUBDIVISION, "SEEKING PART TIME WORK" SHALL MEAN THE CLAIMANT IS WILLING TO WORK FOR A NUMBER OF HOURS PER WEEK THAT ARE COMPARABLE TO THE CLAIMANT'S PART TIME WORK DURING THE MAJORITY OF TIME IN THE BASE PERIOD. S 9. Section 599 of the labor law, as amended by chapter 593 of the laws of 1991, is amended to read as follows: S 599. Career and related training; preservation of eligibility. 1. Notwithstanding any other provision of this article, a claimant shall not become ineligible for benefits because of the claimant's regular attendance in a program of training which the commissioner has approved. The commissioner shall give due consideration to existing and prospec- tive conditions of the labor market in the state, taking into account present and anticipated supply and demand regarding the occupation or skill to which the training relates, and to any other relevant factor. A DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT, THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev- er, in no event shall the commissioner approve [such] training for a claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE ENTITY LISTED ABOVE unless: (a) (1) the training will upgrade the claimant's existing skill or train the claimant for an occupation likely to lead to more regular long term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or (2) employment opportunities for the claimant are or may be substan- tially impaired because of: (i) existing or prospective conditions of the labor market in the locality or in the state or reduced opportunities for employment in the claimant's occupation or skill; or (ii) technological change, plant closing or plant removal, discontin- uance of specific plant operations, or similar reasons; or (iii) limited opportunities for employment throughout the year due to the seasonal nature of the industry in which the claimant is customarily employed; or (iv) the claimant's personal traits such as physical or mental hand- icap; and (b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING, relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the state; and (c) the training is offered by a competent and reliable agency and does not require more than twenty-four months to complete; and (d) the claimant has the required qualifications and aptitudes to complete the training successfully. 2. (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to one hundred four effective days following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the S. 5635 7 commissioner prior to the payment of any such benefits. [The duration of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training.] ANY UNEMPLOYED INDIVIDUAL RECEIVING UNEMPLOYMENT INSURANCE BENEFITS PAYABLE UNDER THIS SUBDIVISION, WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK TRAINING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF HIS OR HER RECEIVING BENE- FITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE, IS ENTITLED TO A TRAINING EXTENSION OF THE FULL ONE HUNDRED FOUR EFFECTIVE DAYS ON HIS OR HER UNEMPLOYMENT COMPENSATION CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING. (b) No more than [twenty] FIFTY million dollars of benefits per year shall be made available for payment to claimants participating in such courses or programs. (c) Participation in such training course or program shall not be limited to any selected areas or localities of the state but subject to the availability of funds, shall be available to any claimant otherwise eligible to participate in training courses or programs pursuant to this section. (d) The additional benefits paid to a claimant shall be charged to the general account. 3. Notwithstanding any other provision of this article, a claimant who is in training approved under the federal trade act of nineteen hundred seventy-four shall not be disqualified or become ineligible for benefits because he OR SHE is in such training or because he OR SHE left employ- ment which is not suitable employment to enter such training. For purposes hereof, "suitable employment" means work of a substantially equal or higher skill level than the claimant's past adversely affected employment and for which the remuneration is not less than eighty percent of the claimant's average weekly wage. S 10. Section 3 of chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, as amended by chapter 634 of the laws of 2008, is amended to read as follows: S 3. This act shall take effect January 1, 1982, provided, however, that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor law as added by section one of this act shall remain in full force and effect until December 31, [2010] 2012. S 11. Subdivision 4 of section 597 of the labor law, as amended by chapter 61 of the laws of 1998, is amended to read as follows: 4. Effect of review. Whenever a new determination in accordance with [the preceding] subdivision THREE OF THIS SECTION or a decision by a referee, the appeal board, or a court results in a decrease or denial of benefits previously allowed, such new determination or decision, unless it shall be based upon a retroactive payment of remuneration, shall not affect the rights to any benefits already paid under the authority of the prior determination or decision provided they were accepted by the claimant in good faith and the claimant did not make any false statement or representation and did not wilfully conceal any pertinent fact in connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE- FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE. S 12. The opening paragraph of paragraph (a) of subdivision 6 of section 511 of the labor law, as amended by chapter 675 of the laws of 1977, is amended to read as follows: S. 5635 8 The term "employment" [does not include] INCLUDES agricultural labor [unless it is covered pursuant to section five hundred sixty-four]. The term "agricultural labor" includes all service performed: S 13. Section 564 of the labor law, as added by chapter 675 of the laws of 1977, is amended to read as follows: S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith- standing the provisions of section five hundred sixty of this article, an employer of persons engaged in agricultural labor shall become liable for contributions under this article if the employer: (1) has paid cash remuneration of twenty thousand dollars or more in any calendar quarter to persons employed in agricultural labor, and such liability shall commence on the first day of such quarter, or (2) has employed in agricultural labor ten or more persons on each of twenty days during a calendar year or the preceding calendar year, each day being in a different calendar week, and the liability shall in such event commence on the first day of the calendar year, or (3) is liable for the tax imposed under the federal unemployment tax act as an employer of agricultural labor and the liability shall in such event commence on the first day of the calendar quarter in such calendar year when he first paid remuneration for agricultural labor in this state. (b) An employer who becomes liable for contributions under paragraph (a) of this subdivision shall cease to be liable as of the first day of a calendar quarter next following the filing of a written application provided the commissioner finds that the employer: (1) has not paid to persons employed in agricultural labor cash remun- eration of twenty thousand dollars or more in any of the eight calendar quarters preceding such day, and (2) has not employed in agricultural labor ten or more persons on each of twenty days during the current or the preceding calendar year, each day being in a different week, and (3) is not liable for the tax imposed under the federal unemployment tax act as an employer of agricultural labor. 2. Crew leader.] Whenever a person renders services as a member of a crew which is paid and furnished by the crew leader to perform services in agricultural labor for another employer, such other employer shall, for the purpose of this article, be deemed to be the employer of such person, unless: (a) the crew leader holds a valid certificate of registration under the federal farm labor contractor registration act of nineteen hundred sixty-three or substantially all the members of the crew operate or maintain tractors, mechanized harvesting or cropdusting machinery or any other mechanized equipment which is provided by the crew leader, and (b) the crew leader is not an employee of such other employer and has not entered into a written agreement with such employer under which he is designated as an employee. S 14. Section 601 of the labor law, as added by chapter 2 of the laws of 1971, paragraphs (a) and (b) of subdivision 1, paragraph (e) of subdivision 2, subdivisions 3 and 6 as amended and paragraph (f) of subdivision 2 as added by chapter 554 of the laws of 1982, clause (i) of subparagraph 1 of paragraph (a) of subdivision 1 as amended by section 3 of chapter 554 of the laws of 1982, paragraphs (c) and (d) of subdivi- sion 2 as amended by chapter 1035 of the laws of 1981, subdivision 4 as amended by chapter 589 of the laws of 1998, subdivision 5 as amended by chapter 1034 of the laws of 1981 and paragraph (f) of subdivision 5 as added by chapter 341 of the laws of 1993, is amended to read as follows: S. 5635 9 S 601. Extended benefits. 1. Definitions. For the purposes of this section: (a) (1) There shall be a "state 'on' indicator" for a week if, as determined by the commissioner in accordance with the regulations of the secretary of labor of the United States, the rate of insured unemploy- ment for the period consisting of such week and the preceding twelve weeks [equals or exceeds] (i) EQUALED OR EXCEEDED five [percentum] PER CENTUM and (ii) EQUALED OR EXCEEDED one hundred and twenty [percentum] PER CENTUM of the average of such rates for the corresponding thirteen-week periods ending in each of the preceding two calendar years; OR (III) FOR WEEKS OF UNEMPLOYMENT BEGINNING ON OR AFTER FEBRUARY FIRST, TWO THOUSAND NINE UNTIL THE WEEK ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH ONE HUNDRED PERCENT FEDERAL SHARING IS AUTHORIZED BY SECTION 2005(A) OF PUBLIC LAW 111-5, OR FOR WEEKS OF UNEMPLOYMENT ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH CONGRESS, PURSUANT TO ANY FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED COMPENSATION ACT OF 1970, HAS AUTHORIZED ONE HUNDRED PERCENT FEDERAL SHARING, WHICH MEET THE FOLLOWING: (A) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT (SEASONABLY ADJUSTED), AS DETERMINED BY THE UNITED STATES SECRETARY OF LABOR, FOR THE PERIOD CONSISTING OF THE MOST RECENT THREE MONTHS FOR WHICH DATA FOR ALL STATES ARE PUBLISHED BEFORE THE CLOSE OF SUCH WEEK EQUALS OR EXCEEDS SIX AND ONE-HALF PERCENT, AND (B) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT IN THE STATE (SEASONABLY ADJUSTED), AS DETERMINED BY THE UNITED STATES SECRETARY OF LABOR, FOR THE THREE-MONTH PERIOD REFERRED TO IN ITEM (A) OF THIS CLAUSE, EQUALS OR EXCEEDS ONE HUNDRED TEN PERCENT OF THE AVERAGE FOR EITHER OR BOTH OF THE CORRESPONDING THREE-MONTH PERIODS ENDING IN THE TWO PRECEDING CALENDAR YEARS; OR (IV) FOR ANY PERIOD OF HIGH UNEMPLOYMENT WHICH SHALL OTHERWISE MEET ALL OF THE PROVISIONS OF CLAUSE (III) OF THIS SUBPARAGRAPH, EXCEPT THAT "EIGHT PERCENT" IS SUBSTITUTED FOR "SIX AND ONE-HALF PERCENT" IN ITEM (A) OF CLAUSE (III) OF THIS SUBPARAGRAPH. (2) There shall be a "state 'off' indicator" for a week [if, as deter- mined by the commissioner in accordance with the regulations of the secretary of labor of the United States, for the period consisting of such week and the preceding twelve weeks either of the conditions set forth under (i) or (ii) of subparagraph (1) is not met] ONLY, IF FOR THE PERIOD CONSISTING OF SUCH WEEK AND THE IMMEDIATELY PRECEDING TWELVE WEEKS, NONE OF THE OPTIONS SPECIFIED IN SUBPARAGRAPH ONE OF THIS PARA- GRAPH RESULT IN AN "ON" INDICATOR. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, THERE SHALL BE A "STATE 'OFF' INDICATOR" WITH RESPECT TO CLAUS- ES (III) AND (IV) OF SUBPARAGRAPH ONE OF THIS PARAGRAPH FOR THE WEEK ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH ONE HUNDRED PERCENT FEDERAL SHARING IS AUTHORIZED BY SECTION 2005(A) OF PUBLIC LAW 111-5 OR FOR THE WEEK ENDING THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH CONGRESS, PURSUANT TO ANY FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED COMPENSATION ACT OF 1970, HAS AUTHORIZED ONE HUNDRED PERCENT FEDERAL SHARING. (3) "Rate of insured unemployment" means for the purposes of this paragraph the percentage obtained upon dividing the average weekly number of persons filing claims for regular benefits in this state for unemployment with respect to the most recent thirteen consecutive week period, as determined by the commissioner on the basis of his OR HER reports to the secretary of labor of the United States, by the average S. 5635 10 monthly employment subject to this article for the first four of the last six calendar quarters ending before the end of such period. Compu- tations required hereunder shall be made in accordance with regulations prescribed by the secretary of labor of the United States. (4) "RATE OF TOTAL UNEMPLOYMENT" MEANS, FOR THE PURPOSES OF THIS PARA- GRAPH, THE AVERAGE PERCENTAGE OBTAINED BY DIVIDING THE TOTAL NUMBER OF UNEMPLOYED RESIDENTS OF THE STATE FOR THE MOST RECENT THREE CONSECUTIVE MONTHS, AS DETERMINED BY THE UNITED STATES BUREAU OF LABOR STATISTICS, BY THE TOTAL CIVILIAN LABOR FORCE OF THE STATE FOR THE SAME THREE-MONTH PERIOD, ALSO AS DETERMINED BY THE UNITED STATES BUREAU OF LABOR STATIS- TICS. COMPUTATIONS REQUIRED HEREUNDER SHALL BE MADE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY OF LABOR OF THE UNITED STATES. (b) "Extended benefit period" means a period (1) beginning with the third week after the first week for which there is a state "on" indicator, except that it may not begin before the four- teenth week after the end of a prior extended benefit period, and (2) ending with the third week after the first week for which there is a state "off" indicator, except that the duration of such period shall in no event be less than thirteen weeks. [(d)] (C) "Eligibility period" of a claimant means the period consist- ing of the weeks in his OR HER benefit year which begin in an extended benefit period and, if his OR HER benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, A CLAIMANT'S ELIGIBILITY PERIOD SHALL INCLUDE ANY ALTERNATIVE ELIGIBILITY PERIOD PROVIDED FOR IN SECTION 2005(B) OF PUBLIC LAW 111-5 OR OTHER FEDERAL LAW. [(e)] (D) "Extended benefits" means benefits, INCLUDING BENEFITS PAYA- BLE TO FEDERAL CIVILIAN EMPLOYEES AND TO EX-SERVICEMEN PURSUANT TO 5 U.S.C. CHAPTER 85, payable to a claimant under the provisions of this section for unemployment in his OR HER eligibility period. [(f)] (E) "Regular benefits" means benefits payable to a claimant under this article or under any other State unemployment insurance law, INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND TO EX-SER- VICEMEN PURSUANT TO 5 U.S.C. CHAPTER 85, other than extended benefits. 2. Eligibility conditions. Extended benefits shall be payable to a claimant for effective days occurring in any week within an eligibility period, provided the claimant (a) has exhausted his OR HER rights to regular benefits under this article in his OR HER current benefit year or, his OR HER benefit year having expired prior to such week, he OR SHE does not have the required weeks of employment or earnings to establish a new benefit year, and he OR SHE has no rights to benefits under the unemployment insurance law of any other state; (b) has no rights to unemployment benefits or allowances under the railroad unemployment insurance act, the trade expansion act of nineteen hundred sixty-two, the automotive products trade act of nineteen hundred sixty-five, or such other federal laws as are specified in regulations issued by the secretary of labor of the United States; (c) has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada unless, if he OR SHE is seeking such benefits, the appropriate agency finally determines that he OR SHE is not entitled to benefits under such law; (d) has satisfied the conditions of this article, required to render a claimant eligible for regular benefits, which are applicable to extended S. 5635 11 benefits, including not being subject to a disqualification or suspen- sion; [and] (e) is not claiming benefits pursuant to an interstate claim filed under the interstate benefit payment plan in a state where an extended benefit period is not in effect, except that this condition shall not apply with respect to the first eight effective days for which extended benefits shall otherwise be payable pursuant to an interstate claim filed under the interstate benefit payment plan; and (f) in his OR HER base period has [twenty weeks of full time employ- ment subject to this article or] remuneration [which equals or exceeds forty times his most recent benefit rate] OF ONE AND ONE-HALF TIMES THE HIGH CALENDAR QUARTER EARNINGS IN ACCORDANCE WITH SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS ARTICLE. 3. Extended benefit amounts; rate and duration. Extended benefits shall be paid to a claimant (a) at a rate equal to his OR HER rate for regular benefits during his OR HER applicable benefit year but (b) for not more than fifty-two effective days with respect to his OR HER applicable benefit year, with a total maximum amount equal to fifty [percentum] PER CENTUM of the total maximum amount of regular benefits payable in such benefit year, and (c) if a claimant's benefit year ends within an extended benefit peri- od, the remaining balance of extended benefits to which he OR SHE would be entitled, if any, shall be reduced by the number of effective days for which he OR SHE was entitled to receive trade readjustment allow- ances under the federal trade act of nineteen hundred seventy-four during such benefit year, AND (D) FOR PERIODS OF HIGH UNEMPLOYMENT FOR NOT MORE THAN EIGHTY EFFEC- TIVE DAYS WITH RESPECT TO THE APPLICABLE BENEFIT YEAR WITH A TOTAL MAXI- MUM AMOUNT EQUAL TO EIGHTY PERCENT OF THE TOTAL MAXIMUM AMOUNT OF REGU- LAR BENEFITS PAYABLE IN SUCH BENEFIT YEAR. 4. Charging of extended benefits. The provisions of paragraph (e) of subdivision one of section five hundred eighty-one OF THIS ARTICLE shall apply to benefits paid pursuant to the provisions of this section, and if they were paid for effective days occurring in weeks following the end of a benefit year, they shall be deemed paid with respect to that benefit year. However, except for governmental entities as defined in section five hundred sixty-five AND INDIAN TRIBES AS DEFINED IN SECTION FIVE HUNDRED SIXTY-SIX OF THIS ARTICLE, only one-half of the amount of such benefits shall be debited to the employers' account; the remainder thereof shall be debited to the general account, and such account shall be credited with the amount of payments received in the fund pursuant to the provisions of the federal-state extended unemployment compensation act. NOTWITHSTANDING THE FOREGOING, WHERE THE STATE HAS ENTERED AN EXTENDED BENEFIT PERIOD TRIGGERED PURSUANT TO SUBPARAGRAPH ONE OF PARA- GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION FOR WHICH FEDERAL LAW PROVIDES FOR ONE HUNDRED PERCENT FEDERAL SHARING OF THE COSTS OF BENE- FITS, ALL CHARGES SHALL BE DEBITED TO THE GENERAL ACCOUNT AND SUCH ACCOUNT SHALL BE CREDITED WITH THE AMOUNT OF PAYMENTS RECEIVED IN THE FUND PURSUANT TO THE PROVISIONS OF THE FEDERAL-STATE EXTENDED UNEMPLOY- MENT COMPENSATION ACT OR OTHER FEDERAL LAW PROVIDING FOR ONE HUNDRED PERCENT FEDERAL SHARING FOR THE COST OF SUCH BENEFITS. 5. Applicability of other provisions. (a) Unless inconsistent with the provisions of this section, all provisions of this article shall apply to [entended] EXTENDED benefits in the same manner as they apply to regular benefits. S. 5635 12 (b) No days of total unemployment shall be deemed to occur in any week within an eligibility period during which a claimant fails to accept any offer of suitable work or fails to apply for suitable work to which he OR SHE was referred by the commissioner, who shall make such referral if such work is available, or during which he OR SHE fails to engage actively in seeking work by making a systematic and sustained effort to obtain work and providing tangible evidence of such effort, and until he OR SHE has worked in employment during at least four subsequent weeks and earned remuneration of at least four times his OR HER benefit rate. (c) For purposes of this subdivision, "suitable work" means any employment which is within the claimant's capabilities, but if he OR SHE furnishes evidence that his OR HER prospects for obtaining work in his OR HER customary occupation within a reasonably short period are good, the provisions of subdivision two of section five hundred ninety-three of this article shall apply instead of the provisions hereof. (d) Notwithstanding the foregoing, a claimant shall not be disquali- fied for a failure to accept an offer of or apply for suitable work if (i) the gross average weekly remuneration payable for the employment does not exceed the claimant's benefit rate plus the amount of any supplemental unemployment compensation benefits (as defined in section five hundred one (c) (17) (D) of the internal revenue code of nineteen hundred fifty-four) payable to the claimant for such week; or (ii) the employment was not offered to the claimant in writing and was not listed with the department; or (iii) such failure would not result in denial of regular benefits, to the extent that the provisions of this article for payment of regular benefits are not inconsistent with the provisions of this subdivision; or (iv) the employment pays wages less than the higher of the minimum wage provided by section six (a) (1) of the fair labor standards act of nineteen hundred thirty-eight, without regard to any exemption, or the minimum wage provided under this chapter; OR (V) THE CLAIMANT IS IN APPROVED TRAINING PURSUANT TO SECTION FIVE HUNDRED NINETY-NINE OF THIS TITLE. (e) No days of total unemployment shall be deemed to occur in any week within an eligibility period [with respect to a claimant who was disqualified for twelve months for an act constituting a felony as provided in subdivision four of] UNDER section five hundred ninety-three of this article, until he OR SHE has subsequently worked in employment [on not less than three days in each of four weeks or earned remunera- tion of at least two hundred dollars, whether during or subsequent to the twelve month period] IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN SECTION FIVE HUNDRED NINETY-THREE OF THIS ARTICLE. [(f) The provisions of paragraphs (b), (c), (d) and (e) of subdivision five of this section shall not apply to weeks of unemployment beginning after March sixth, nineteen hundred ninety-three and before January first, nineteen hundred ninety-five.] 6. Suspension of condition for state indicators. The governor, by executive order, upon advice by the [industrial] commissioner and the commissioner of [commerce] ECONOMIC DEVELOPMENT may for a period speci- fied in the order suspend the applicability of the provisions of [item] CLAUSE (ii) of subparagraph [(1)] ONE of paragraph (a) of subdivision one of this section, or of the reference to such [item] SUBPARAGRAPH ONE in subparagraph [(2)] TWO of such paragraph, or of both, if he OR SHE finds that such suspension is required in order to assure adequate payment of benefits to unemployed workers in the state who are experi- S. 5635 13 encing unemployment for an extended duration, provided the rate of insured unemployment for the applicable period equals or exceeds six [percentum] PER CENTUM and such suspension is not in conflict with the provisions of the federal-state extended unemployment compensation act. The governor may at any time prolong or shorten the period specified in such order. S 15. Paragraph (c) of subdivision 1 of section 538 of the labor law, as amended by chapter 831 of the laws of 1981, is amended to read as follows: (c) Claims of representatives for services rendered to a claimant in connection with any claim arising under this article shall not be enforceable unless approved by the appeal board and shall in no event exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF THIS ARTICLE, except as provided in paragraph (d) of this subdivision. In approving any fee requested by a representative pursuant to this section, the appeal board shall consider the following factors: (i) the total benefit allowed; (ii) the time spent in providing representation; (iii) the legal and factual complexities involved; and (iv) such other factors as the appeal board may deem relevant. S 16. The labor law is amended by adding a new section 541 to read as follows: S 541. DOMESTIC VIOLENCE TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAINING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE STATUS. 2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS INCLUDING MEMBERS OF THE UNEMPLOYMENT APPEALS BOARD SHALL BE TRAINED IN THIS CURRICULUM NOT LATER THAN ONE HUNDRED EIGHTY DAYS FROM THE EFFEC- TIVE DATE OF THIS SECTION. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY- MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART- MENT. S 17. The opening paragraph of subdivision 1 of section 560 of the labor law, as amended by chapter 103 of the laws of 1965, is amended to read as follows: Liability. Any employer shall become liable for contributions under this article if he OR SHE has paid remuneration of [three hundred] ONE THOUSAND dollars or more in any calendar quarter, except that liability with respect to persons employed in personal or domestic service in private homes shall be considered separately and an employer shall become liable for contributions with respect to such persons only if he OR SHE has paid to them remuneration in cash of five hundred dollars or more in any calendar quarter. Such liability for contributions shall commence on the first day of such calendar quarter. S 18. This act shall take effect immediately.
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