|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to labor|
|Jan 09, 2013||referred to labor|
senate Bill S75
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S75 - Details
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
BILL NUMBER:S75 TITLE OF BILL: An act to amend the labor law, in relation to unemployment insurance benefits for professional employment by certain educational institutions PURPOSE: This legislation will ensure that professionals employed in two-year and four-year colleges who are not given reasonable assurance of continued employment will be eligible for unemployment insurance during periods of unemployment. SUMMARY OF PROVISIONS: The bill adds a new paragraph (d) to Labor Law section 590(10) to clarify that employees performing in a principal, administrative, research or instructional position at two-year and four-year colleges and universities in New York are presumed not to have reasonable assurance of continued employment when their positions are conditioned on enrollment, funding or program changes. They would be eligible for unemployment benefits during periods of unemployment unless their employer provides sufficient documentation to overcome this presumption. An employer's letter stating that employment is conditional would not constitute prima facie evidence of reasonable assurance.
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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