|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to labor|
|Jan 09, 2013||referred to labor|
senate Bill S1953
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1953 - Details
S1953 - Sponsor Memo
BILL NUMBER:S1953 TITLE OF BILL: An act to amend the labor law, in relation to the elimi- nation of employer unemployment contributions for employees fired for misconduct PURPOSE: To eliminate instances when an employer fires an employee for misconduct and is subsequently required to contribute to that employee's unemployment benefit. SUMMARY: Section 1 adds clause (vi) to subparagraph 2 of paragraph (e) of subdi- vision 1 of section 581 of the labor law to exclude employers who termi- nate as a result of misconduct or good cause from the experience rating. Section 2 adds a new subdivision (2-a) to section 581 of the labor law to exclude employers who terminate as a result of misconduct or good cause. Section 3 adds a new section (594-a) to the labor law to ensure a claim- ant who has been fired for misconduct or good cause within their base period sees a reduction in benefits that correlates with that employment period. Section 4 amends subdivision 3 of section 593 of the labor law to ensure
S1953 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1953 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. RITCHIE, BONACIC, DeFRANCISCO, GALLIVAN, GOLDEN, GRIFFO, GRISANTI, LARKIN, LIBOUS, MARTINS, O'MARA, RANZENHOFER, VALE- SKY, YOUNG -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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