NY State Senate Bill 2009-S7880

Senate Bill S7880

2009-2010 Legislative Session

Increases unemployment insurance benefits; relates to fees and expenses in unemployment insurance proceedings and non-recoverable benefits

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2010	referred to labor

2009-S7880 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd Lab L, generally; amd §3, Chap 831 of 1981; amd §10, Chap 413 of 2003

2009-S7880 (ACTIVE) - Summary

Increases unemployment insurance benefits; relates to fees and expenses in unemployment insurance proceedings and non-recoverable benefits.

2009-S7880 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7880

 TITLE OF BILL :
An act to amend the labor law, in relation to increasing unemployment
insurance benefits; 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 non-recoverable benefits; and 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


 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 2010, $525 in 2011,
$575 in 2012, $625 in 2013 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
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 2010, $11,500 in 2011, $13,000 in
2012, $15,000 in 2013, and from 2014 forward indexed to inflation.

Section 3 would amend section 593 of the labor law to relating to
voluntary separation from employment.

Section 4 would amend subdivision 11 of section 590 of the labor law
relating to nonprofessional employment at educational institutions.

Section 5 would clarify that professional employees of educational
institutions must have their unemployment claims judged on a case-by-
case basis and that offers of employment contingent upon enrollment,
funding or programmatic changes would not constitute reasonable
assurance of employment.

Section 6 would amend section 599 of the labor law to increase the
funding for unemployment retraining programs, to require the
department of labor to fund the retraining of unemployed workers
authorized by various agencies and acts, and to allow an individual
receiving such funding one hundred and four days of unemployment
benefits to complete such program.

Section 7 would amend section 3 of chapter 831 of the laws of 1981 to
provide for the effect of this section until 2013.

Section 8 would provide unemployment insurance for employees who must
leave work due to domestic violence.

Section 9 would increase the amount of remuneration which an employer
must pay in order to be liable for unemployment insurance
contributions from $300 to $1,000 dollars per quarter.

Section 10 would allow unemployment claims representatives to receive
remuneration for their services in certain situations.



Section 11 would provide that claims of representatives for services
rendered to an unemployment insurance claimant shall include certain
non-recoverable benefits allowed pursuant to law.

Section 12 would extend the SELF Employment Assistance program until
December 7, 2012.

Sections 13 and 14 would amend certain unemployment insurance
provisions relating to agricultural workers.

Section 15 is the effective date.

 JUSTIFICATION :
This legislation would make improvements to a wide range of
unemployment issues which need 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 graduated 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
non-professional employees of academic institutions. Service employees
in schools, including cafeteria workers, bus drivers, and others are
generally low wage workers. If they receive no salary during the
vacation months they often experience financial hardship waiting for
the school year to begin again. Also, under current law, many
part-time faculty working in colleges and universities in New York
State are unable to receive unemployment insurance when they have
become unemployed between semesters because the college or university
holds that they have a "reasonable assurance" of continuous employment
under the provisions of subdivision 10 of section 590 of the Labor
Law. Yet these employees, who generally work 30 weeks a year, are
seasonal workers, like actors, construction workers, diamond cutters,
and furriers, all of whom are eligible for benefits during periods
they are not employed. These employees have no "reasonable assurance"
that they will have a job when the next semester starts as that
decision rests entirely with the employer 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 start 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 facility that they will
not be employed for the upcoming semester to avoid paying unemployment
insurance costs for those employed between semesters. Part-time
faculty are treated unfairly under the current law as they are only
eligible for unemployment insurance benefits from the time they are
officially notified they are not renewed by the college or university
for the next semester. It is only at this time that they can file a
claim to be eligible for benefits even though they may have been out
of work for months before this notification and have absolutely no
control over their employment.

This bill would also clarify 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 placed 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.
 PRIOR LEGISLATIVE HISTORY :
Similar to A.11637 of 2008.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Undetermined.

 EFFECTIVE DATE :
This act bill shall take effect immediately.

2009-S7880 (ACTIVE) - Bill Text download pdf

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

                                  7880

                            I N  S E N A T E

                              May 19, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- 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  increasing  unemployment
  insurance  benefits; 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 non-recoverable benefits; and to amend chap-
  ter 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

  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 thousand five
hundred seventy-five] EIGHT THOUSAND 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
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

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

                                                           LBD17410-01-0

S. 7880                             2

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  TEN, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVENTY-
FIVE DOLLARS NOR LESS THAN SEVENTY-FIVE DOLLARS, UNTIL THE FIRST  MONDAY
OF  JULY, TWO THOUSAND ELEVEN AT WHICH TIME THE WEEKLY BENEFIT SHALL NOT
EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF JULY,
TWO THOUSAND TWELVE AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT  SHALL  NOT
EXCEED  FIVE  HUNDRED  SEVENTY-FIVE  DOLLARS,  UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND THIRTEEN, AT WHICH TIME THE  MAXIMUM  WEEKLY  BENEFIT
SHALL  NOT EXCEED SIX HUNDRED TWENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY
OF JULY, TWO THOUSAND FOURTEEN, 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 FOURTEEN AND NOT LATER  THAN  AUGUST  FIRST,  TWO  THOUSAND
FOURTEEN  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 ELEVEN, 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 TWELVE,
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 THIRTEEN, NOR TO INCLUDE REMUNER-
ATION  PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER FIFTEEN THOUSAND DOLLARS
HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOY-
MENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY  OF  JANUARY,  TWO
THOUSAND  FOURTEEN.    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 MAXI-
MUM 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  1  of  section 593 of the labor law, as amended by
chapter 35 of the laws of 2009, 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
to  other  circumstances  that  may  be  found to constitute good cause,
including a compelling family reason as set forth in  paragraph  (b)  of

S. 7880                             3

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 OR HER 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 ther-
eto.
  (b) A 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 any of the
following:
  (i)  domestic  violence,  verified  by  reasonable  and   confidential
documentation  which  causes  the  individual reasonably to believe that
such individual's continued employment would jeopardize his or her safe-
ty or the safety of any member of his or her immediate family.
  (ii) the illness or disability of a member of the individual's immedi-
ate family. For the purposes of this subparagraph:
  (A) The term "illness" means a verified illness which necessitates the
care of the ill person for a period of time longer than the employer  is
willing to grant leave (paid or otherwise).
  (B)  The  term "disability" means a verified disability which necessi-
tates the care of the disabled person for a period of time  longer  than
the employer is willing to grant leave (paid or otherwise). "Disability"
encompasses  all types of disability, including: (1) mental and physical
disability; (2) permanent and temporary disabilities;  and  (3)  partial
and total disabilities.
  (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.
  [(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.]
  S 4. Paragraph (d) of subdivision 11 of section 590 of the  labor  law
is  relettered paragraph (e) and a new paragraph (d) is added 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.

S. 7880                             4

  S  5.  Subdivision  10  of  section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
  (D)  IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH AMERI-
CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
IN A PRINCIPAL, ADMINISTRATIVE, RESEARCH  OR  INSTRUCTIONAL  CAPACITY  A
PERSON  IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER THAT
IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
EMPLOYER'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO  OVERCOME  THIS
PRESUMPTION.  REASONABLE  ASSURANCE MUST BE DETERMINED ON A CASE-BY-CASE
BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE  OF  ANY
ONE  FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF AN
OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING  AND  PROGRAM  CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL  SHALL  NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
  S 6. 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

S. 7880                             5

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
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 7. 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] 2013.
  S 8. Article 18 of the labor law is amended by adding a new title  7-B
to read as follows:
                                 TITLE 7-B
         UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS

S. 7880                             6

SECTION 615. DEFINITIONS.
        616. ELIGIBILITY   FOR   UNEMPLOYMENT   INSURANCE  FOR  DOMESTIC
               VIOLENCE SURVIVORS.
        617. TRAINING PROGRAM.
  S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
  1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
  (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
  (B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE  OF  A  CHILD  IN
COMMON; OR
  (C)  A  PERSON  WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE
EMPLOYEE; OR
  (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
  (E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR  ENGAGEMENT
RELATIONSHIP.
  2. "ABUSE" MEANS:
  (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
  (B)  PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
  (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
  (D) ENGAGING IN MENTAL ABUSE, WHICH  INCLUDES  THREATS,  INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
  (E)  DEPRIVING  ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
  (F) RESTRAINING THE LIBERTY OF ANOTHER.
  S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE  FOR  DOMESTIC  VIOLENCE
SURVIVORS.  1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS  DUE
TO DOMESTIC VIOLENCE, INCLUDING:
  (A)  THE  CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
  (B) THE CLAIMANT'S NEED TO RELOCATE  TO  ANOTHER  GEOGRAPHIC  AREA  IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
  (C)  THE  CLAIMANT'S  NEED  TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
  (D) 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.
  (E) 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.
  2.  A  CLAIMANT  MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
  (A) A RESTRAINING ORDER OR OTHER  DOCUMENTATION  OF  EQUITABLE  RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
  (B) A POLICE RECORD DOCUMENTING THE ABUSE;
  (C)  DOCUMENTATION  THAT  THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
  (D) MEDICAL DOCUMENTATION OF THE ABUSE;
  (E) 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
  (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.

S. 7880                             7

  3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE  CLAIMANT'S  STATEMENT  AND  CORROBORATING  EVIDENCE,  SHALL  BE
DISCLOSED  BY  THE  DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
  4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
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  617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH  CLAIM-
ANTS  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 SHALL
BE  TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS TITLE. 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 9. 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:
  1. Liability. Any employer shall become liable for contributions 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 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 has paid to
them remuneration in cash of five hundred dollars or more in any  calen-
dar  quarter.    Such  liability for contributions shall commence on the
first day of such calendar quarter.
  S 10. 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  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

S. 7880                             8

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. 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 106 of the laws of 2009, 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, [2011] 2012
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.
  S  13.  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:
  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  14.  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

S. 7880                             9

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 15. This act shall take effect immediately.

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