senate Bill S75

2013-2014 Legislative Session

Relates to unemployment insurance benefits for professional employment by certain educational institutions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

Co-Sponsors

S75 - Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §590, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S727
2009-2010: S4123A

S75 - Summary

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.

S75 - Sponsor Memo

S75 - Bill Text download pdf

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

                                   75

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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  unemployment  insurance
  benefits  for  professional  employment  by certain educational insti-
  tutions

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

  Section  1.  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.
                                                           LBD01074-02-3

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