Senate Bill S5635

                            
                    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.