senate Bill S357A

2013-2014 Legislative Session

Relates to the refusal to work and the disqualification of benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 357a
amend and recommit to labor
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S357 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L

S357 - Bill Texts

view summary

Relates to the refusal to work and the disqualification of benefits.

view sponsor memo
BILL NUMBER:S357

TITLE OF BILL:
An act
to amend the labor law, in relation to disqualification for benefits and
refusal of employment

PURPOSE:
This act would require a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than
the wage such claimant received in his or her high calendar quarter
of the base period.

SUMMARY OF PROVISIONS:
Section one requires a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than
the wage such claimant received in his or her high calendar quarter
of the base period.
Claimants are provided with the ability to refuse such employment with
good cause if the hours or working conditions offered are
substantively less favorable to the claimant than those prevailing
for similar work in the locality, or are such that tend to depress
working conditions.

EXISTING LAW:
A claimant may turn down employment that is equal to or greater than
eighty percent of the wage such claimant received in his or her high
calendar' quarter of the base period if such wage is substantially
less than the prevailing wage for similar work in the locality.

JUSTIFICATION:
An employee that has been laid off currently can refuse to return to a
job he/she previously held at the same wage he/she previously earned
because he/she is being offered a wage less than the prevailing wage,
The prevailing wage does not take into account experience, but solely
the job description, creating a situation in which entry level
employees can refuse to return to employment unless they are offered
a wage more appropriate to someone with significant experience. This
dynamic keeps workers from returning to the workforce, increasing the
cost of unemployment insurance on businesses.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   357

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 disqualification for bene-
  fits and refusal of employment

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

  Section 1 Subdivision 2 of section 593 of the labor law, as amended by
chapter  415  of  the  laws of 1983, the opening paragraph as amended by
chapter 5 of the laws of 2000, paragraph (a) as added by chapter 589  of
the  laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of
the laws of 2009, is amended to read as follows:
  2. Refusal of employment. No  days  of  total  unemployment  shall  be
deemed to occur beginning with the day on which a claimant, without good
cause,  refuses to accept an offer of employment for which he is reason-
ably fitted by training and experience, including employment not subject
to this article, until he has  subsequently  worked  in  employment  and
earned remuneration at least equal to five times his or her weekly bene-
fit  rate. Except that claimants who are not subject to a recall date or
who do not obtain employment through a union hiring  hall  and  who  are
still  unemployed  after  receiving  thirteen weeks of benefits shall be
required to accept any employment  proffered  that  such  claimants  are
capable  of  performing, provided that such employment would result in a
wage not less than SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES  RECEIVED
IN  THE  BASE  PERIOD;  OR  WOULD  RESULT  IN A WAGE GREATER THAN eighty
percent of such claimant's high calendar quarter wages received  in  the
base  period  and  not  substantially  less than the prevailing wage for
similar work in the locality as provided for in paragraph  (d)  of  this
subdivision.  No  refusal  to  accept employment shall be deemed without
good cause nor shall it disqualify any claimant  otherwise  eligible  to
receive benefits if:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02125-01-3

S. 357                              2

  (a) a refusal to accept employment which would interfere with a claim-
ant's  right  to  join or retain membership in any labor organization or
otherwise interfere with or violate the terms of a collective bargaining
agreement shall be with good cause; OR
  (b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or
  (c)  the employment is at an unreasonable distance from his residence,
or travel to and from the place of employment involves expense  substan-
tially  greater  than  that required in his former employment unless the
expense be provided for; or
  (d) THE WAGES AND COMPENSATION ARE  LESS  THAN  SUCH  CLAIMANT'S  HIGH
CALENDAR  QUARTER  WAGES AND COMPENSATION RECEIVED, the wages or compen-
sation [or hours or conditions] offered are substantially less favorable
to the claimant than those prevailing for similar work in the  locality,
or are such as tend to depress wages [or working conditions]; OR
  (E)  THE  HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY LESS FAVORABLE
TO THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE  LOCALITY,
OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or
  [(e)] (F) the claimant is seeking part-time work as provided in subdi-
vision  five  of  section  five hundred ninety-six of this title and the
offer of employment is not comparable to his or her  part-time  work  as
defined in such subdivision.
  S 2. This act shall take effect immediately.

Co-Sponsors

S357A (ACTIVE) - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L

S357A (ACTIVE) - Bill Texts

view summary

Relates to the refusal to work and the disqualification of benefits.

view sponsor memo
BILL NUMBER:S357A

TITLE OF BILL: An act to amend the labor law, in relation to
disqualification for benefits and refusal of employment

PURPOSE:

This act would require a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than the
wage such claimant received in his or her high calendar quarter of the
base period.

SUMMARY OF PROVISIONS:

Section one requires a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than the
wage such claimant received in his or her high calendar quarter of the
base period. Claimants are provided with the ability to refuse such
employment with good cause if the hours or working conditions offered
are substantively less favorable to the claimant than those prevailing
for similar work in the locality, or are such that tend to depress
working conditions.

EXISTING LAW:

A claimant may turn down employment that is equal to or greater than
eighty percent of the wage such claimant received in his or her high
calendar quarter of the base period if such wage is substantially less
than the prevailing wage for similar work in the locality.

JUSTIFICATION:

An employee that has been laid off currently can refuse to return to a
job he/she previously held at the same wage he/she previously earned
because he/she is being offered a wage less than the prevailing wage.
The prevailing wage does not take into account experience, but solely
the job description, creating a situation in which entry level
employees can refuse to return to employment unless they are offered a
wage more appropriate to someone with significant experience. This
dynamic keeps workers from returning to the workforce, increasing the
cost of unemployment insurance on businesses.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediate.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 357--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor  --  recom-
  mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the labor law, in relation to disqualification for bene-
  fits and refusal of employment

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

  Section 1. Subdivision 2 of section 593 of the labor law,  as  amended
by  chapter 415 of the laws of 1983, the opening paragraph as amended by
section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
added by chapter 589 of the laws of 1998 and paragraphs (d) and  (e)  as
amended  by  chapter  35  of  the  laws  of  2009, is amended to read as
follows:
  2. Refusal of employment. No  days  of  total  unemployment  shall  be
deemed to occur beginning with the day on which a claimant, without good
cause,  refuses  to accept an offer of employment for which he or she is
reasonably fitted by training and experience, including  employment  not
subject  to  this  article,  until  he or she has subsequently worked in
employment and earned remuneration at least equal to ten  times  his  or
her  weekly benefit rate. Except that claimants who are not subject to a
recall date or who do not obtain employment through a union hiring  hall
and who are still unemployed after receiving ten weeks of benefits shall
be  required  to accept any employment proffered that such claimants are
capable of performing, provided that such employment would result  in  a
wage  not less than SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES RECEIVED
IN THE BASE PERIOD; OR WOULD  RESULT  IN  A  WAGE  GREATER  THAN  eighty
percent  of  such claimant's high calendar quarter wages received in the
base period and not substantially less  than  the  prevailing  wage  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02125-02-4

S. 357--A                           2

similar  work  in  the locality as provided for in paragraph (d) of this
subdivision. No refusal to accept employment  shall  be  deemed  without
good  cause  nor  shall it disqualify any claimant otherwise eligible to
receive benefits if:
  (a) a refusal to accept employment which would interfere with a claim-
ant's  right  to  join or retain membership in any labor organization or
otherwise interfere with or violate the terms of a collective bargaining
agreement shall be with good cause; OR
  (b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or
  (c) the employment is at an unreasonable distance from his  residence,
or  travel to and from the place of employment involves expense substan-
tially greater than that required in his former  employment  unless  the
expense be provided for; or
  (d)  THE  WAGES  AND  COMPENSATION  ARE LESS THAN SUCH CLAIMANT'S HIGH
CALENDAR QUARTER WAGES AND COMPENSATION RECEIVED, the wages  or  compen-
sation [or hours or conditions] offered are substantially less favorable
to  the claimant than those prevailing for similar work in the locality,
or are such as tend to depress wages [or working conditions]; OR
  (E) THE HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY  LESS  FAVORABLE
TO  THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE LOCALITY,
OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or
  [(e)] (F) the claimant is seeking part-time work as provided in subdi-
vision five of section five hundred ninety-six of  this  title  and  the
offer  of  employment  is not comparable to his or her part-time work as
defined in such subdivision.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.