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Assembly Bill A6635

2013-2014 Legislative Session

Enacts the "Higher Education Employment Protection Act"

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Archive: Last Bill Status - In Assembly Committee

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2013-A6635 (ACTIVE) - Details

See Senate Version of this Bill:
S4470
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
2011-2012: A1723, A6673, S7393

2013-A6635 (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.

2013-A6635 (ACTIVE) - Bill Text download pdf 

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

                                  6635

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee 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.
                                                           LBD00713-01-3

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