senate Bill S5020

2013-2014 Legislative Session

Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
May 06, 2013 referred to labor

S5020 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd ยง597, Lab L

S5020 - Bill Texts

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Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid.

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BILL NUMBER:S5020

TITLE OF BILL: An act to amend the labor law, in relation to
requiring the calculation of unemployment benefits to be determined
based on the period of employment rather than the period during which
salary was paid

SUMMARY OF PROVISIONS:

Section One of the bill amends paragraph (b) of subdivision 2 of
section 597 of the Labor law, as amended by chapter 413 of the laws of
2003 to state the unemployment benefits are to be determined by the
Commissioner of Labor, and shall be based upon either the period the
claimant has worked for the employer and or the period for which the
claimant was paid by the employer, whichever is favorable to the
applicant.

EXISTING LAW: New bill

JUSTIFICATION: Under existing laws and regulations, one of the
criteria by which the New York State Department of Labor (DOL)
determines eligibility for Unemployment Insurance (UI) excludes
certain individuals who should be eligible and rewards employers who
are tardy in issuing paychecks.

To meet the criterion in question, a UI applicant's total wages in the
"alternate base period," or the last four calendar quarters prior to
the UI application, must be at least one and one-half times the
highest quarter wages -- up to $8,910. For example, if an individual
works nine out of the last 12 months and earns $8,910 in one quarter,
she has to have made at least half of that, or $4,455, throughout her
other two quarters of employment to be eligible for UI.

Currently, DOL only considers the quarters in which applicants get
paid, not when they actually work. This policy incentivizes late
payments from employers, as earned income clustered in one quarter can
disqualify former employees from UI, thereby reducing employers' UI
liability. Moreover, employers and their payroll companies make
mistakes that similarly result in clustered payments. In either case,
applicants should be held harmless.

This legislation directs DOL to determine eligibility based on either
the periods in which applicants have worked or when they get paid,
whichever is more favorable to the applicants.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

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

                                  5020

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 requiring the  calculation
  of  unemployment  benefits  to  be  determined  based on the period of
  employment rather than the period during which salary was paid

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

  Section  1. Paragraph (b) of subdivision 2 of section 597 of the labor
law, as amended by chapter 413 of the laws of 2003, is amended  to  read
as follows:
  (b)  Whenever  a  claimant's base period includes a completed calendar
quarter for which a wage data report is not due or has not been received
and the claimant provides information as required by  the  commissioner,
the commissioner shall determine such claimant's entitlement and benefit
rate  using  the  information  the  claimant  provided for such quarter;
PROVIDED, THAT ANY DETERMINATION OF ENTITLEMENT AND BENEFIT RATE  DETER-
MINED  BY  THE  COMMISSIONER  PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE BASED UPON THE ENTIRE PERIOD THE CLAIMANT HAS  WORKED  FOR  THE
EMPLOYER  AND  NOT ONLY ON THE PERIOD FOR WHICH THE CLAIMANT WAS PAID BY
THE EMPLOYER.  However, in those instances where the claimant is  unable
to  provide  such  information  to  the commissioner's satisfaction, the
commissioner may request the employer to provide the amount of remunera-
tion paid to such individual. The commissioner shall  notify  each  base
period  employer  upon  the  establishment of a valid original claim, of
such claim. If an employer provides  new  or  corrected  information  in
response  to  the initial notice of monetary entitlement, adjustments to
the claimant's benefit rate and adjustments to the employer's experience
rating account shall be prospective as of the date such information  was
received by the department.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10742-01-3

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