|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 07, 2012||referred to labor|
senate Bill S7393
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7393 (ACTIVE) - Details
S7393 (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.
S7393 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7393 TITLE OF BILL: An act to amend the labor law, in relation to unemployment insurance benefits for professional employment by certain education institutions PURPOSE: This legislation amends the Labor Law to provide that part-time professional employment in an instructional, research, or principal administrative capacity with SUNY, CUNY and any public community college is exempt from those provisions which make eligibility for unemployment benefits contingent upon the presence or absence of reasonable assurance of continued employment. SUMMARY OF PROVISIONS: Subdivision 10 of section 590 of the labor law is amended by adding language that says any provisions which make eligibility for benefits contingent upon the presence or absence of reasonable assurance of continued employment, shall not apply to part-time professional employment in an instructional, research or principal administrative capacity with SUNY, CUNY, and any public community college, and entitlement of claims shall be determined in the same manner as is applicable to claimants not employed by educational institutions. JUSTIFICATION: Unemployment insurance is a benefit that is supposed to cover workers
S7393 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7393 I N S E N A T E May 7, 2012 ___________ Introduced by Sen. ROBACH -- 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. 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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