senate Bill S727

2011-2012 Legislative Session

Relates to unemployment insurance benefits for professional employment by certain educational institutions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to labor
Jan 05, 2011 referred to labor

Co-Sponsors

S727 - Details

See Assembly Version of this Bill:
A1723
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd ยง590, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S4123A, A613A

S727 - Summary

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.

S727 - Sponsor Memo

S727 - Bill Text download pdf

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

                                   727

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- 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  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. 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.
                                                           LBD00773-01-1

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