Assembly Bill A2633

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

                                  2633

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by M. of A. MORELLE, SCHIMMINGER -- Multi-Sponsored by -- M.
  of A. CLARK -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to the elimination of employ-
  er unemployment contributions for employees fired for misconduct

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

  Section  1.    Subparagraph  2  of  paragraph  (e) of subdivision 1 of
section 581 of the labor law is amended by adding a new clause  (vi)  to
read as follows:
  (VI)  IN  THOSE  INSTANCES WHERE THE CLAIMANT HAS BEEN DENIED BENEFITS
DUE TO TERMINATION FOR MISCONDUCT, THE  TERMINATING  EMPLOYER  SHALL  BE
EXCLUDED FROM A CALCULATION OF BENEFITS UNDER THIS SUBPARAGRAPH.
  S  2. Section 581 of the labor law is amended by adding a new subdivi-
sion 2-a to read as follows:
  2-A. AN EMPLOYER'S ACCOUNT SHALL NOT BE CHARGED, AND CHARGES SHALL NOT
BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS PAID  TO  A  CLAIMANT  WHEN
SUCH  CLAIMANT FITS THE CRITERIA DESCRIBED IN SECTION FIVE HUNDRED NINE-
TY-FOUR-A OF THIS ARTICLE OR WHEN SUCH EMPLOYER IS SUCCESSFUL IN A HEAR-
ING AS PROVIDED BY SECTION FIVE HUNDRED NINETY-THREE-A OF THIS ARTICLE.
  S 3. The labor law is amended by adding a new section 594-a to read as
follows:
  S 594-A. REDUCTION IN BENEFITS DUE TO MISCONDUCT. 1. WHENEVER AN INDI-
VIDUAL WHO HAS FILED A PREVIOUS VALID ORIGINAL CLAIM  PURSUANT  TO  THIS
TITLE  HAS  RECEIVED REMUNERATION FROM EMPLOYMENT SUBSEQUENT TO FILING A
VALID ORIGINAL CLAIM AND SUCH  INDIVIDUAL  HAS  BEEN  RELIEVED  OF  SUCH
EMPLOYMENT  THROUGH  MISCONDUCT,  SUCH INDIVIDUAL'S VALID ORIGINAL CLAIM
SHALL BE REDUCED BY THE AMOUNT OF REMUNERATION  RECEIVED  SUBSEQUENT  TO
FILING  THE  VALID  ORIGINAL  CLAIM;  PROVIDED THAT SUCH REDUCTION SHALL
APPLY TO AT LEAST THE FIRST FOUR BUT NOT  MORE  THAN  THE  FIRST  EIGHTY
EFFECTIVE DAYS FOLLOWING ANY RE-FILING OR ATTEMPT TO COLLECT BENEFITS ON
SUCH VALID ORIGINAL CLAIM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06536-01-3
              

A. 2633                             2

  2.  WHENEVER  SUCH  INDIVIDUAL AS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION RE-FILES OR COLLECTS BENEFITS  ON  HIS  OR  HER  VALID  ORIGINAL
CLAIM,  EMPLOYERS  IN THE BASE PERIOD OF SUCH VALID ORIGINAL CLAIM SHALL
NOT CONTRIBUTE A HIGHER PERCENTAGE OF BENEFITS OF  SUCH  VALID  ORIGINAL
CLAIM  NOR  SHALL  ANY  REMUNERATION RECEIVED BY SUCH INDIVIDUAL FROM AN
EMPLOYER THAT HAS RELIEVED HIM OR HER FROM EMPLOYMENT FOR MISCONDUCT  BE
INCLUDED IN ANY BASE PERIOD CALCULATION.
  S  4.  Subdivision  3  of  section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
  3. Misconduct. No days of total unemployment shall be deemed to  occur
after  a  claimant lost employment through misconduct in connection with
his or her 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].
  S 5. The labor law is amended by adding a new section 593-a to read as
follows:
  S 593-A. MISCONDUCT;  HEARINGS  AND  DETERMINATIONS.  1.  WHENEVER  AN
EMPLOYER  IN THE BASE PERIOD RECEIVES NOTICE THAT A CLAIMANT HAS FILED A
CLAIM AND SUCH EMPLOYER HAS TERMINATED  SUCH  CLAIMANT  FOR  MISCONDUCT,
SUCH  EMPLOYER  MAY  OBJECT TO SUCH CLAIM; PROVIDED, THAT SUCH OBJECTION
MUST BE FILED WITH THE DEPARTMENT WITHIN TEN DAYS  OF  SERVICE  OF  SUCH
NOTICE.
  2.  IF  ANY  EMPLOYER  DESCRIBED  IN  SUBDIVISION  ONE OF THIS SECTION
COMPLIES WITH THE FILING REQUIREMENTS OF SUCH SECTION THEN SUCH EMPLOYER
SHALL BE ENTITLED TO A HEARING WITH THE DEPARTMENT WITHIN THIRTY DAYS OF
THE FILING DATE OF SUCH OBJECTION. IF SUCH EMPLOYER PREVAILS IN  SUCH  A
HEARING  THEN  THE  DETERMINATION  OF  THE DEPARTMENT SHALL CONSTITUTE A
FINAL DETERMINATION FOR PURPOSES OF THIS CHAPTER.
  3. IF THE TERMINATING EMPLOYER  SUCCESSFULLY  DEMONSTRATES  THAT  SUCH
CLAIMANT  WAS  TERMINATED FOR MISCONDUCT THEN SUCH EMPLOYER SHALL NOT BE
INCLUDED IN ANY BASE PERIOD, WHETHER PRIOR OR SUBSEQUENT  TO  ANY  VALID
ORIGINAL  CLAIM, FOR PURPOSES OF CONTRIBUTION TO THE GENERAL ACCOUNT. IF
SUCH EMPLOYER SUCCESSFULLY DEMONSTRATES THAT SUCH  CLAIMANT  WAS  TERMI-
NATED FOR MISCONDUCT THEN SUCH EMPLOYER'S EXPERIENCE RATING SHALL REMAIN
UNCHANGED.
  S 6. This act shall take effect immediately.