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Assembly Bill A6673

2011-2012 Legislative Session

Enacts the "Higher Education Employment Protection Act"

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Archive: Last Bill Status - In Assembly Committee

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2011-A6673 (ACTIVE) - Details

See Senate Version of this Bill:
S7393
Current Committee:
Assembly Ways And Means
Law Section:
Labor Law
Laws Affected:
Amd ยง590, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A613
2013-2014: A6635, S4470

2011-A6673 (ACTIVE) - Summary

Enacts the "Higher Education Employment Protection Act"; provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.

2011-A6673 (ACTIVE) - Bill Text download pdf 

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

                                  6673

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

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

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

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



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09927-01-1

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