| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 08, 2016 |
print number 3380b |
| Jun 08, 2016 |
amend and recommit to labor |
| Mar 03, 2016 |
print number 3380a |
| Mar 03, 2016 |
amend and recommit to labor |
| Jan 06, 2016 |
referred to labor |
| Feb 06, 2015 |
referred to labor |
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Senate Bill S3380
2015-2016 Legislative Session
Relates to unemployment insurance benefits; unlawful hiring discrimination by employers, employment agencies and licensing agencies; repealer
download bill text pdfSponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-S3380 - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Rpld §523, amd Lab L, generally; add §296-d, Exec L; amd §3, Chap 831 of 1981; amd §10, Chap 413 of 2003
- Versions Introduced in 2013-2014 Legislative Session:
-
S5636
2015-S3380 - Sponsor Memo
BILL NUMBER:S3380
TITLE OF BILL:
An act to amend the labor law, in relation to the calculation of
weekly unemployment insurance benefits for workers who are partially
unemployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing
agencies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law
relating to fees and expenses in unemployment insurance proceedings,
in relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
PURPOSE OF THE BILL:
The bill amends various sections of the labor law to enact
comprehensive reform of the unemployment insurance system;
specifically, to encourage unemployed individuals to seek employment
by removing barriers in the system that penalize those individuals
that do accept part-time work. The bill would also prohibit employers
from discriminating against unemployed applicants in the hiring
process.
SUMMARY OF BILL PROVISIONS:
Sections 1 through 30 amend various sections of Article 18 of the
labor law, replacing the current system for determining eligibility
for partial unemployment insurance benefits with a system that is
based on the claimant's weekly earnings rather than the number of days
the claimant worked during the week; establishes a system of
calculating partial unemployment benefits that utilizes an income
disregard and holds individuals harmless from liability under the
previous system of calculating partial benefits.
Section 31 amends the executive law by adding a new section 296-c to
prohibit discrimination of unemployed applicants in hiring.
Sections 32 through 34 amend various sections of the labor law to
expand unemployment insurance coverage to teaching personnel of higher
education institutions that are hired on a contingency basis.
Sections 35 and 36 amend various sections of the labor law to allow
claimants to enroll in training programs without loss of eligibility
to collect unemployment benefits.
Sections 37 through 43 amend various sections of the labor law to
clarify eligibility of domestic violence survivors and agricultural
workers.
Section 44 amends the labor law to reduce the waiting period for
benefit eligibility of striking workers.
Section 45 sets forth the effective dates.
JUSTIFICATION:
New York's unemployment insurance ("UI") program makes benefits
available to workers who are totally unemployed or partially
unemployed. However, the system of determining eligibility for partial
UI benefits is often arbitrary and serves to deny or reduce UT
benefits for many part-time workers, especially low-wage workers. The
system's inequities also penalize workers for days of uncompensated
work. This bill makes two important changes to the New York UI program
in order to ensure that partially unemployed workers have meaningful
access to UI benefits. The bill establishes a system for determining
UI eligibility based on the claimant's weekly earnings and it
establishes a system of calculating partial UI benefits that utilizes
an income "disregard" that encourages UI claimants to accept part-time
work.
Many of New York State's workers are victims of chronic unemployment.
This bill will address one cause of chronic unemployment by
prohibiting employer from discriminating against job applicants based
on their current employment status.
Under current law, workers employed by institutions of higher
education are excluded from eligibility for UI benefits if at the end
of a semester the employer issues them a reasonable assurance of
employment during the next semester. In the best case, these workers
are left without wages from work or unemployment benefits during the
time between semesters. In worst case scenarios workers without wages
or benefits between semesters, are not rehired for the following
semester and are then not eligible for benefits because they have not
earned wages in the previous five weeks. This bill would expand
coverage to certain educational personnel to address this inequity.
This bill would encourage claimants to enroll in job training
programs, thereby increasing their chances of reemployment, without
affecting their eligibility status.
This bill would clarify eligibility of some of the State's most
vulnerable, agricultural workers and those claimants that due to
domestic violence had no choice but to leave employment.
This bill would remove barriers to employees'
constitutionally-protected collective bargaining rights by reducing
the benefit waiting period for claimants that honor a strike.
PRIOR LEGISLATIVE HISTORY:
2013 - 14 Session - referred to Labor
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Varied.
2015-S3380 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3380
2015-2016 Regular Sessions
I N S E N A T E
February 6, 2015
___________
Introduced by Sen. SAVINO -- 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 calculation of weekly
unemployment insurance benefits for workers who are partially unem-
ployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law relat-
ing to fees and expenses in unemployment insurance proceedings, in
relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
S 522. Total unemployment AND PARTIAL UNEMPLOYMENT. "Total unemploy-
ment" means the total lack of any employment [on any day] DURING ANY
WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT
IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS
LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
BENEFIT CREDIT. The term "employment" as used in this section means any
employment including that not defined in this title.
S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08184-02-5
S. 3380 2
S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
SATION, OR (B) A WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT.
S 3. The labor law is amended by adding a new section 514-a to read as
follows:
S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT
PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
BENEFIT RATE, OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
S 4. Subdivision 4 of section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
4. General condition. A valid original claim may be filed only in a
week [in which the claimant has at least one effective day of unemploy-
ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
ANT.
S 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 282 of the laws of 2002, clause
(v) as added by chapter 106 of the laws of 2007, is amended to read as
follows:
(2) Benefits payable to any claimant with respect to the claimant's
then current benefit year shall be charged, when paid, to the account of
the last employer prior to the filing of a valid original claim in an
amount equal to seven times the claimant's benefit rate. Thereafter,
such charges shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during that
base period bears to the remuneration paid by all employers to the
claimant during that base period except as provided below:
(i) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision ten of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid shall be charged to the general account. In addition,
wages paid during the base period by such educational institutions, or
for services in such educational institutions for claimants employed by
an educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision ten of section five hundred ninety of
this article.
(ii) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision eleven of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
S. 3380 3
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid will be charged to the general account. In addition, wages
paid during the base period by such educational institutions, or for
services in such educational institutions for claimants employed by an
educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision eleven of section five hundred ninety
of this article. However, in those instances where a claimant was not
afforded an opportunity to perform services for the educational institu-
tion for the next academic year or term after reasonable assurance was
provided, such employer shall be liable for benefit charges as provided
for in this paragraph for any retroactive payments made to the claimant.
(iii) In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling the first
[twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and a
base-period employer, such employer shall be liable for charges for all
benefits paid on such claim in the same proportion that the remuneration
paid by such employer during the base period bears to the remuneration
paid by all employers during the base period. In addition, benefit
payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
TIVE WEEKS of benefits other than those chargeable to the federal
government as prescribed above shall be made to the general account.
(iv) In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and the claimant's last employer
prior to the filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments equaling the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the out-of-state employer is the last
employer prior to the filing of the claim for benefits and a base-period
employer such employer shall be liable for charges for all benefits paid
on such claim in the same proportion that the remuneration paid by such
employer during the base period bears to the remuneration paid by all
employers during the base period. In addition, benefit payment charges
for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
other than those chargeable to the out-of-state employer as prescribed
above shall be made to the general account.
(v) In those instances where the last employer prior to the filing of
a valid original claim has paid total remuneration to the claimant
during the period from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of the valid
original claim in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated such amount
to the satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to such last employer's
account, benefits shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year shall
S. 3380 4
be charged, when paid, to the account of such last employer prior to the
filing of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's bene-
fit rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such total remuneration
paid by such last employer to the claimant. Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim in the same proportion that the
remuneration paid by each employer to the claimant during that base
period bears to the remuneration paid by all employers to the claimant
during that base period. Notice of such recalculation of potential
charges shall be given to the last employer and each employer of the
claimant in the base period used to establish the valid original claim.
S 6. Subdivision 1 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective [days] WEEKS for the purpose of benefit rights only if he OR
SHE has complied with the provisions of this article regarding the
filing of his OR HER claim, including the filing of a valid original
claim, registered as totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and reported for work or
otherwise given notice of the continuance of his OR HER unemployment.
S 7. Subdivision 3 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
3. Compensable periods. Benefits shall be paid for each [accumulation
of] effective [days within a] week.
S 8. Subdivision 4 of section 590 of the labor law, as amended by
chapter 457 of the laws of 1987, is amended to read as follows:
4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] TWENTY-SIX EFFECTIVE WEEKS in any benefit year,
except as provided in section six hundred one and subdivision two of
section five hundred ninety-nine of this chapter.
S 9. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) A claimant's weekly benefit amount shall be one twenty-sixth of
the remuneration paid during the highest calendar quarter of the base
period by employers, liable for contributions or payments in lieu of
contributions under this article, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand five hundred seventy-five
dollars or less, the benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by employers liable for contributions or payments in lieu of contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
S. 3380 5
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article. ANY CLAIMANT WHO IS
PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID,
WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY,
PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. Any
claimant whose high calendar quarter remuneration during the base period
is more than three thousand five hundred seventy-five dollars shall not
have a weekly benefit amount less than one hundred forty-three dollars.
The weekly benefit amount, so computed, that is not a multiple of one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight the weekly benefit
amount shall not exceed three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September, two thousand,
at which time the maximum benefit payable pursuant to this subdivision
shall equal one-half of the state average weekly wage for covered
employment as calculated by the department no sooner than July first,
two thousand and no later than August first, two thousand, rounded down
to the lowest dollar. On and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the first Monday of October, two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five dollars, until the first Monday of October, two thousand
eighteen when the maximum benefit amount shall be four hundred fifty
dollars, until the first Monday of October, two thousand nineteen when
the maximum benefit amount shall be thirty-six percent of the average
weekly wage until the first Monday of October, two thousand twenty when
the maximum benefit amount shall be thirty-eight percent of the average
weekly wage, until the first Monday of October, two thousand twenty-one
when the maximum benefit amount shall be forty percent of the average
weekly wage, until the first Monday of October, two thousand twenty-two
when the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two thousand twen-
ty-three when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be forty-six percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-five when the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday of October,
two thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty percent of the
average weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
of 1977, is amended to read as follows:
S. 3380 6
6. Notification requirement. No effective [day] WEEK shall be counted
for any purposes except effective [days] WEEKS as to which notification
has been given in a manner prescribed by the commissioner.
S 11. Subdivision 7 of section 590 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
7. Waiting period. A claimant shall not be entitled to accumulate
effective [days] WEEKS for the purpose of benefit payments until he OR
SHE has accumulated a waiting period of [four effective days either
wholly within the week in which he established his valid original claim
or partly within such week and partly within his benefit year initiated
by such claim] ONE EFFECTIVE WEEK.
S 12. Subdivision 1 of section 591 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 13. Subdivision 1 of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
1. Unemployment. Benefits shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, is amended to read as follows:
(i) requirements relating to total unemployment AND PARTIAL UNEMPLOY-
MENT, as defined in section five hundred twenty-two of this article,
availability for work and search for work, as set forth in subdivision
two of section five hundred ninety-one of this title and refusal to
accept work, as set forth in subdivision two of section five hundred
ninety-three of this title, are not applicable to such individuals;
S 15. Subdivision 2 of section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
2. Concurrent payments prohibited. No [days] WEEKS of total unemploy-
ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
respect to which [or a part of which] a claimant has received or is
seeking unemployment benefits under an unemployment compensation law of
any other state or of the United States, provided that this provision
shall not apply if the appropriate agency of such other state or of the
United States finally determines that he OR SHE is not entitled to such
unemployment benefits.
S 16. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur after a claimant's voluntary separation without
S. 3380 7
good cause from employment until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify a claimant if circum-
stances have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his or her right to
retain the employment when there is a temporary layoff because of lack
of work, has elected to be separated for a temporary period and the
employer has consented thereto.
S 17. 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] WEEKS of total unemployment OR
PARTIAL UNEMPLOYMENT shall be deemed to occur beginning with the [day
on] WEEK IN 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
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 with-
out 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;
(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 OR HER
residence, or travel to and from the place of employment involves
expense substantially greater than that required in his OR HER former
employment unless the expense be provided for; or
(d) the wages or compensation 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 claimant is seeking part-time work as provided in subdivision
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. 3380 8
S 18. Subdivision 3 of section 593 of the labor law, as amended by
section 15 of part O of chapter 57 of the laws of 2013, is amended to
read as follows:
3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
PLOYMENT shall be deemed to occur after a claimant lost employment
through misconduct in connection with his or her employment until he or
she has subsequently worked in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
S 19. Subdivision 4 of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
4. Criminal acts. No [days] WEEKS of total unemployment OR PARTIAL
UNEMPLOYMENT shall be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act. Determinations regarding a benefit claim may be
reviewed at any time. Any benefits paid to a claimant prior to a deter-
mination that the claimant has lost employment as a result of such act
shall not be considered to have been accepted by the claimant in good
faith. In addition, remuneration paid to the claimant by the affected
employer prior to the claimant's loss of employment due to such criminal
act may not be utilized for the purpose of establishing entitlement to a
subsequent, valid original claim. The provisions of this subdivision
shall apply even if the employment lost as a result of such act is not
the claimant's last employment prior to the filing of his or her claim.
S 20. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 594. Reduction and recovery of benefits and penalties for wilful
false statement. (1) A claimant who has wilfully made a false statement
or representation to obtain any benefit under the provisions of this
article shall forfeit benefits for at least the first [four] ONE but not
more than the first [eighty] TWENTY effective [days] WEEKS following
discovery of such offense for which he or she otherwise would have been
entitled to receive benefits. Such penalty shall apply only once with
respect to each such offense.
(2) For the purpose of subdivision four of section five hundred ninety
of this [article] TITLE, the claimant shall be deemed to have received
benefits for such forfeited effective [days] WEEKS.
(3) The penalty provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part after
the expiration of two years from the date of the final determination.
Such two-year period shall be tolled during the time period a claimant
has an appeal pending.
(4) A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an amount equal
to the greater of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to this section. The penalties
collected hereunder shall be deposited in the fund. The penalties
assessed under this subdivision shall apply and be assessed for any
benefits paid under federal unemployment and extended unemployment
programs administered by the department in the same manner as provided
in this article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal crimi-
nal statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
S. 3380 9
(5) (a) Upon a determination based upon a willful false statement or
representation becoming final through exhaustion of appeal rights or
failure to exhaust hearing rights, the commissioner may recover the
amount found to be due by commencing a civil action, or by filing with
the county clerk of the county where the claimant resides the final
determination of the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court containing the amount
found to be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
(i) The claimant has responded to requests for information prior to a
determination and such requests for information notified the claimant of
his or her rights to a fair hearing as well as the potential conse-
quences of an investigation and final determination under this section
including the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair hearing
or appeal subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or subse-
quent appeal from which a final determination was rendered;
(ii) The commissioner has made efforts to collect on such final deter-
mination; and
(iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
(b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
(i) That the commissioner intends to docket a final determination
against such claimant as a judgment;
(ii) The total amount to be docketed; and
(iii) Conspicuous language that reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and your
money, including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect your
ability to rent a home, find a job, or take out a loan."
S 21. Subdivision 1 of section 596 of the labor law, as amended by
chapter 204 of the laws of 1982, is amended to read as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits at the local state employment office serving
the area in which he OR SHE was last employed or in which he OR SHE
resides within such time and in such manner as the commissioner shall
prescribe. He OR SHE shall disclose whether he OR SHE owes child support
obligations, as hereafter defined. If a claimant making such disclosure
is eligible for benefits, the commissioner shall notify the state or
local child support enforcement agency, as hereafter defined, that the
claimant is eligible.
A claimant shall correctly report any [days] WEEKS of employment and
any compensation he OR SHE received for such employment, including
employments not subject to this article, and the [days on] WEEKS DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.
S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
chapter 436 of the laws of 1997 and such section as renumbered by chap-
ter 663 of the laws of 1946, is amended to read as follows:
S. 3380 10
4. Registration and reporting for work. A claimant shall register as
totally unemployed OR PARTIALLY UNEMPLOYED at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give notice
of the continuance of his OR HER unemployment as often and in such
manner as the commissioner shall prescribe.
S 23. Intentionally omitted.
S 24. Intentionally omitted.
S 25. The opening paragraph and paragraph (e) of subdivision 2 of
section 601 of the labor law, as amended by chapter 35 of the laws of
2009, is amended to read as follows:
Extended benefits shall be payable to a claimant for effective [days]
WEEKS occurring [in any week] within an eligibility period, provided the
claimant
(e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first [eight] TWO effective [days] WEEKS for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
S 26. Subdivision 3 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
3. Extended benefit amounts; rate and duration. Extended benefits
shall be paid to a claimant
(a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
(b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
respect to his or her applicable benefit year, with a total maximum
amount equal to fifty percentum of the total maximum amount of regular
benefits payable in such benefit year, and
(c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the number of effective [days]
WEEKS for which he or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
(d) for periods of high unemployment for not more than eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
S 27. Subdivision 4 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
4. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for effective [days occurring in] weeks following the
end of a benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities as defined in
section five hundred sixty-five and Indian tribes as defined in section
five hundred sixty-six of this article, only one-half of the amount of
such benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
S. 3380 11
act. Notwithstanding the foregoing, where the state has entered an
extended benefit period triggered pursuant to subparagraph one of para-
graph (a) of subdivision one of this section for which federal law
provides for one hundred percent federal sharing of the costs of bene-
fits, all charges shall be debited to the general account and such
account shall be credited with the amount of payments received in the
fund pursuant to the provisions of the federal-state extended unemploy-
ment compensation act or other federal law providing for one hundred
percent federal sharing for the cost of such benefits.
S 28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(b) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
during which a claimant fails to accept any offer of suitable work or
fails to apply for suitable work to which he or she was referred by the
commissioner, who shall make such referral if such work is available, or
during which he or she fails to engage actively in seeking work by
making a systematic and sustained effort to obtain work and providing
tangible evidence of such effort, and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
S 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(e) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
under section five hundred ninety-three of this [article] TITLE, until
he or she has subsequently worked in employment in accordance with the
requirements set forth in section five hundred ninety-three of this
[article] TITLE.
S 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 603. Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment [on any day] DURING ANY WEEK
AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY EMPLOYMENT DURING ANY WEEK
THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
PARTIAL BENEFIT CREDIT, other than with an employer applying for a
shared work program. "Work force" shall mean the total work force, a
clearly identifiable unit or units thereof, or a particular shift or
shifts. The work force subject to reduction shall consist of no less
than two employees.
S 31. The executive law is amended by adding a new section 296-d to
read as follows:
S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
S. 3380 12
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
5. ANY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
S 32. Paragraph (c) of subdivision 1 of section 593 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
[(c) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.]
S 33. Paragraph (d) of subdivision 11 of section 590 of the labor law
is relettered paragraph (e) and a new paragraph (d) is added to read as
follows:
(D) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN
INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN
EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH
CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
IS THE COLLEGE'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 34. 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
S. 3380 13
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 35. Section 599 of the labor law, as amended by chapter 593 of the
laws of 1991, is amended to read as follows:
S 599. Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article, a claimant shall
not become ineligible for benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing and prospec-
tive conditions of the labor market in the state, taking into account
present and anticipated supply and demand regarding the occupation or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
er, in no event shall the commissioner approve [such] training for a
claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
ENTITY LISTED ABOVE unless:
(a) (1) the training will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
(2) employment opportunities for the claimant are or may be substan-
tially impaired because of:
(i) existing or prospective conditions of the labor market in the
locality or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or
(ii) technological change, plant closing or plant removal, discontin-
uance of specific plant operations, or similar reasons; or
(iii) limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or
(iv) the claimant's personal traits such as physical or mental hand-
icap; and
(b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
relates to an occupation or skill for which there are, or are expected
to be in the immediate future, reasonable employment opportunities in
the state; and
(c) the training is offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and
(d) the claimant has the required qualifications and aptitudes to
complete the training successfully.
S. 3380 14
2. (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to [one hundred four] TWENTY-SIX
effective [days] WEEKS following exhaustion of regular and, if in
effect, any other extended benefits, provided that entitlement to a new
benefit claim cannot be established. Certification of continued satis-
factory participation and progress in such training course or program
must be submitted to the commissioner prior to the payment of any such
benefits. [The duration of such additional benefits shall in no case
exceed twice the number of effective days of regular benefits to which
the claimant is entitled at the time the claimant is accepted in, or
demonstrates application for appropriate training.] ANY UNEMPLOYED INDI-
VIDUAL RECEIVING UNEMPLOYMENT INSURANCE BENEFITS PAYABLE UNDER THIS
SUBDIVISION, WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK TRAIN-
ING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF
HIS OR HER RECEIVING BENEFITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS
UNDER THIS ARTICLE, IS ENTITLED TO A TRAINING EXTENSION OF THE FULL
TWENTY-SIX EFFECTIVE WEEKS ON HIS OR HER UNEMPLOYMENT COMPENSATION
CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING.
(b) No more than [twenty] FIFTY million dollars of benefits per year
shall be made available for payment to claimants participating in such
courses or programs.
(c) Participation in such training course or program shall not be
limited to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant otherwise
eligible to participate in training courses or programs pursuant to this
section.
(d) The additional benefits paid to a claimant shall be charged to the
general account.
3. Notwithstanding any other provision of this article, a claimant who
is in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he OR SHE is in such training or because he OR SHE left employ-
ment which is not suitable employment to enter such training. For
purposes hereof, "suitable employment" means work of a substantially
equal or higher skill level than the claimant's past adversely affected
employment and for which the remuneration is not less than eighty
percent of the claimant's average weekly wage.
S 36. Section 3 of chapter 831 of the laws of 1981, amending the
labor law relating to fees and expenses in unemployment insurance
proceedings, as amended by chapter 115 of the laws of 2014, is amended
to read as follows:
S 3. This act shall take effect January 1, 1982, provided, however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law as added by section one of this act shall remain in full force and
effect until December 31, [2016] 2018.
S 37. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
TITLE 7-B
UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
SECTION 615. DEFINITIONS.
616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC
VIOLENCE SURVIVORS.
617. TRAINING PROGRAM.
S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
S. 3380 15
1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
(A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
(B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
(C) A PERSON WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE
EMPLOYEE; OR
(D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
(E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
2. "ABUSE" MEANS:
(A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
(B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
(C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
(D) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
(E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
(F) RESTRAINING THE LIBERTY OF ANOTHER.
S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
TO DOMESTIC VIOLENCE, INCLUDING:
(A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
(B) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
(C) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
(D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
(E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
(A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
(B) A POLICE RECORD DOCUMENTING THE ABUSE;
(C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
(D) MEDICAL DOCUMENTATION OF THE ABUSE;
(E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
(F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE
DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
S. 3380 16
4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
STATUS.
2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
S 38. The opening paragraph of subdivision 1 of section 560 of the
labor law, as amended by chapter 103 of the laws of 1965, is amended to
read as follows:
Any employer shall become liable for contributions under this article
if he has paid remuneration of [three hundred] ONE THOUSAND dollars or
more in any calendar quarter, except that liability with respect to
persons employed in personal or domestic service in private homes shall
be considered separately and an employer shall become liable for
contributions with respect to such persons only if he has paid to them
remuneration in cash of five hundred dollars or more in any calendar
quarter. Such liability for contributions shall commence on the first
day of such calendar quarter.
S 39. Paragraph (c) of subdivision 1 of section 538 of the labor law,
as amended by chapter 831 of the laws of 1981, is amended to read as
follows:
(c) Claims of representatives for services rendered to a claimant in
connection with any claim arising under this article shall not be
enforceable unless approved by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of this subdivision.
In approving any fee requested by a representative pursuant to this
section, the appeal board shall consider the following factors: (i) the
total benefit allowed; (ii) the time spent in providing representation;
(iii) the legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
S 40. Subdivision 4 of section 597 of the labor law, as amended by
chapter 61 of the laws of 1998, is amended to read as follows:
4. Effect of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or a decision by a
referee, the appeal board, or a court results in a decrease or denial of
benefits previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall not
affect the rights to any benefits already paid under the authority of
the prior determination or decision provided they were accepted by the
claimant in good faith and the claimant did not make any false statement
or representation and did not wilfully conceal any pertinent fact in
connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS
S. 3380 17
PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
law relating to the self-employment assistance program and other
matters, as amended by section 2 of part Z of chapter 57 of the laws of
2013, is amended to read as follows:
S 10. This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2015] 2017
when upon such date the provisions of such sections shall be deemed
repealed.
S 42. The opening paragraph of paragraph (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
The term "employment" [does not include] INCLUDES agricultural labor
[unless it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
S 43. Section 564 of the labor law, as added by chapter 675 of the
laws of 1977, is amended to read as follows:
S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith-
standing the provisions of section five hundred sixty of this article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
(1) has paid cash remuneration of twenty thousand dollars or more in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or
(2) has employed in agricultural labor ten or more persons on each of
twenty days during a calendar year or the preceding calendar year, each
day being in a different calendar week, and the liability shall in such
event commence on the first day of the calendar year, or
(3) is liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration for agricultural labor in this
state.
(b) An employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day of
a calendar quarter next following the filing of a written application
provided the commissioner finds that the employer:
(1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight calendar
quarters preceding such day, and
(2) has not employed in agricultural labor ten or more persons on each
of twenty days during the current or the preceding calendar year, each
day being in a different week, and
(3) is not liable for the tax imposed under the federal unemployment
tax act as an employer of agricultural labor.
2. Crew leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform services
in agricultural labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the employer of such
person, unless:
[(a)] 1. the crew leader holds a valid certificate of registration
under the federal farm labor contractor registration act of nineteen
hundred sixty-three or substantially all the members of the crew operate
or maintain tractors, mechanized harvesting or cropdusting machinery or
any other mechanized equipment which is provided by the crew leader, and
S. 3380 18
[(b)] 2. the crew leader is not an employee of such other employer and
has not entered into a written agreement with such employer under which
he is designated as an employee.
S 44. Section 592 of the labor law, as amended by chapter 415 of the
laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
2010, is amended to read as follows:
S 592. [Suspension of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant shall
be suspended during a period of seven consecutive weeks beginning with
the day after such claimant lost his or her employment because of a
strike or other industrial controversy except for lockouts, including
concerted activity not authorized or sanctioned by the recognized or
certified bargaining agent of the claimant, and other concerted activity
conducted in violation of any existing collective bargaining agreement,
in the establishment in which he or she was employed, except that bene-
fit rights may be accumulated before the expiration of such seven weeks
beginning with the day after such strike or other industrial controversy
was terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to his or her prior position upon conclusion of the strike, in
the event the strike terminates prior to the conclusion of the employ-
ee's eligibility for benefit rights under this chapter. In the event the
employer does not permit such return after such certification, the
employee shall be entitled to recover any benefits lost as a result of
the seven week suspension of benefits, and the department may impose a
penalty upon the employer of up to seven hundred fifty dollars per
employee per week of benefits lost. The penalty collected shall be paid
into the unemployment insurance control fund established pursuant to
section five hundred fifty-two-b of this article; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused his or her unemployment and is not participating
in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused his or her unemployment and is not participating in the
industrial controversy.
2.] Concurrent payments prohibited. No days of total unemployment
shall be deemed to occur in any week with respect to which or a part of
which a claimant has received or is seeking unemployment benefits under
an unemployment compensation law of any other state or of the United
States, provided that this provision shall not apply if the appropriate
agency of such other state or of the United States finally determines
that he is not entitled to such unemployment benefits.
[3. Terms of suspension. No waiting period may be served during a
suspension period.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
claim is filed except as provided in subdivision one and shall not be
confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.]
S 45. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made by
S. 3380 19
section twelve of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 10 of chapter 413 of the
laws of 2003, as amended, when upon such date the provisions of section
thirteen of this act shall take effect; provided, further, that the
amendment to section 591-a of the labor law made by section fourteen of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.
2015-S3380A - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Rpld §523, amd Lab L, generally; add §296-d, Exec L; amd §3, Chap 831 of 1981; amd §10, Chap 413 of 2003
- Versions Introduced in 2013-2014 Legislative Session:
-
S5636
2015-S3380A - Sponsor Memo
BILL NUMBER: S3380A
TITLE OF BILL : An act to amend the labor law, in relation to the
calculation of weekly unemployment insurance benefits for workers who
are partially unemployed; to amend the executive law, in relation to
unlawful hiring discrimination by employers, employment agencies and
licensing agencies based upon an individual's unemployment status; to
amend the labor law, in relation to increasing unemployment insurance
benefits; to amend chapter 831 of the laws of 1981 amending the labor
law relating to fees and expenses in unemployment insurance
proceedings, in relation to the effectiveness thereof; to amend the
labor law, in relation to non-recoverable benefits; and to amend
chapter 413 of the laws of 2003 amending the labor law relating to the
self-employment assistance program and other matters, in relation to
the effectiveness thereof; to amend the labor law, in relation to
concurrent payments prohibited; and to repeal certain provisions of
the labor law relating thereto
PURPOSE OF THE BILL :
The bill amends various sections of the labor law to enact
comprehensive reform of the unemployment insurance system;
specifically, to encourage unemployed individuals to seek employment
by removing barriers in the system that penalize those individuals
that do accept part-time work. The bill would also prohibit employers
from discriminating against unemployed applicants in the hiring
process.
SUMMARY OF BILL PROVISIONS :
Sections 1 through 30 amend various sections of Article 18 of the
labor law, replacing the current system for determining eligibility
for partial unemployment insurance benefits with a system that is
based on the claimant's weekly earnings rather than the number of days
the claimant worked during the week; establishes a system of
calculating partial unemployment benefits that utilizes an income
disregard and holds individuals harmless from liability under the
previous system of calculating partial benefits.
Section 31 amends the executive law by adding a new section 296-c to
prohibit discrimination of unemployed applicants in hiring.
Sections 32 through 34 amend various sections of the labor law to
expand unemployment insurance coverage to teaching personnel of higher
education institutions that are hired on a contingency basis.
Sections 35 and 36 amend various sections of the labor law to allow
claimants to enroll in training programs without loss of eligibility
to collect unemployment benefits.
Sections 37 through 43 amend various sections of the labor law to
clarify eligibility of domestic violence survivors and agricultural
workers.
Section 44 amends the labor law to reduce the waiting period for
benefit eligibility of striking workers.
Section 45 sets forth the effective dates.
JUSTIFICATION :
New York's unemployment insurance ("UI") program makes benefits
available to workers who are totally unemployed or partially
unemployed. However, the system of determining eligibility for partial
UI benefits is often arbitrary and serves to deny or reduce UI
benefits for many part-time workers, especially low-wage workers. The
system's inequities also penalize workers for days of uncompensated
work. This bill makes two important changes to the New York UI program
in order to ensure that partially unemployed workers have meaningful
access to UI benefits. The bill establishes a system for determining
UI eligibility based on the claimant's weekly earnings and it
establishes a system of calculating partial UI benefits that utilizes
an income "disregard" that encourages UI claimants to accept part-time
work.
Many of New York State's workers are victims of chronic unemployment.
This bill will address one cause of chronic unemployment by
prohibiting employer from discriminating against job applicants based
on their current employment status.
Under current law, workers employed by institutions of higher
education are excluded from eligibility for UI benefits if at the end
of a semester the employer issues them a reasonable assurance of
employment during the next semester. In the best case, these workers
are left without wages from work or unemployment benefits during the
time between semesters. In worst case scenarios workers without wages
or benefits between semesters, are not rehired for the following
semester and are then not eligible for benefits because they have not
earned wages in the previous five weeks. This bill would expand
coverage to certain educational personnel to address this inequity.
This bill would encourage claimants to enroll in job training
programs, thereby increasing their chances of reemployment, without
affecting their eligibility status.
This bill would clarify eligibility of some of the State's most
vulnerable, agricultural workers and those claimants that due to
domestic violence had no choice but to leave employment.
This bill would remove barriers to employees'
constitutionally-protected collective bargaining rights by reducing
the benefit waiting period for claimants that honor a strike.
PRIOR LEGISLATIVE HISTORY :
2013-14 Session - referred to Labor
2015-16 Session - S.3380 - referred to Labor
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Varied.
2015-S3380A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3380--A
2015-2016 Regular Sessions
I N S E N A T E
February 6, 2015
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- recommitted 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 the calculation of weekly
unemployment insurance benefits for workers who are partially unem-
ployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law relat-
ing to fees and expenses in unemployment insurance proceedings, in
relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
S 522. Total unemployment AND PARTIAL UNEMPLOYMENT. "Total unemploy-
ment" means the total lack of any employment [on any day] DURING ANY
WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT
IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS
LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
BENEFIT CREDIT. The term "employment" as used in this section means any
employment including that not defined in this title.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08184-03-6
S. 3380--A 2
S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
SATION, OR (B) A WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT.
S 3. The labor law is amended by adding a new section 514-a to read as
follows:
S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT
PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
BENEFIT RATE, OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
S 4. Subdivision 4 of section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
4. General condition. A valid original claim may be filed only in a
week [in which the claimant has at least one effective day of unemploy-
ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
ANT.
S 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 282 of the laws of 2002, clause
(v) as added by chapter 106 of the laws of 2007, is amended to read as
follows:
(2) Benefits payable to any claimant with respect to the claimant's
then current benefit year shall be charged, when paid, to the account of
the last employer prior to the filing of a valid original claim in an
amount equal to seven times the claimant's benefit rate. Thereafter,
such charges shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during that
base period bears to the remuneration paid by all employers to the
claimant during that base period except as provided below:
(i) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision ten of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid shall be charged to the general account. In addition,
wages paid during the base period by such educational institutions, or
for services in such educational institutions for claimants employed by
an educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision ten of section five hundred ninety of
this article.
(ii) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision eleven of section five
S. 3380--A 3
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid will be charged to the general account. In addition, wages
paid during the base period by such educational institutions, or for
services in such educational institutions for claimants employed by an
educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision eleven of section five hundred ninety
of this article. However, in those instances where a claimant was not
afforded an opportunity to perform services for the educational institu-
tion for the next academic year or term after reasonable assurance was
provided, such employer shall be liable for benefit charges as provided
for in this paragraph for any retroactive payments made to the claimant.
(iii) In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling the first
[twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and a
base-period employer, such employer shall be liable for charges for all
benefits paid on such claim in the same proportion that the remuneration
paid by such employer during the base period bears to the remuneration
paid by all employers during the base period. In addition, benefit
payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
TIVE WEEKS of benefits other than those chargeable to the federal
government as prescribed above shall be made to the general account.
(iv) In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and the claimant's last employer
prior to the filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments equaling the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the out-of-state employer is the last
employer prior to the filing of the claim for benefits and a base-period
employer such employer shall be liable for charges for all benefits paid
on such claim in the same proportion that the remuneration paid by such
employer during the base period bears to the remuneration paid by all
employers during the base period. In addition, benefit payment charges
for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
other than those chargeable to the out-of-state employer as prescribed
above shall be made to the general account.
(v) In those instances where the last employer prior to the filing of
a valid original claim has paid total remuneration to the claimant
during the period from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of the valid
original claim in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated such amount
to the satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to such last employer's
S. 3380--A 4
account, benefits shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year shall
be charged, when paid, to the account of such last employer prior to the
filing of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's bene-
fit rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such total remuneration
paid by such last employer to the claimant. Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim in the same proportion that the
remuneration paid by each employer to the claimant during that base
period bears to the remuneration paid by all employers to the claimant
during that base period. Notice of such recalculation of potential
charges shall be given to the last employer and each employer of the
claimant in the base period used to establish the valid original claim.
S 6. Subdivision 1 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective [days] WEEKS for the purpose of benefit rights only if he OR
SHE has complied with the provisions of this article regarding the
filing of his OR HER claim, including the filing of a valid original
claim, registered as totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and reported for work or
otherwise given notice of the continuance of his OR HER unemployment.
S 7. Subdivision 3 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
3. Compensable periods. Benefits shall be paid for each [accumulation
of] effective [days within a] week.
S 8. Subdivision 4 of section 590 of the labor law, as amended by
chapter 457 of the laws of 1987, is amended to read as follows:
4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] TWENTY-SIX EFFECTIVE WEEKS in any benefit year,
except as provided in section six hundred one and subdivision two of
section five hundred ninety-nine of this chapter.
S 9. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) A claimant's weekly benefit amount shall be one twenty-sixth of
the remuneration paid during the highest calendar quarter of the base
period by employers, liable for contributions or payments in lieu of
contributions under this article, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand five hundred seventy-five
dollars or less, the benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by employers liable for contributions or payments in lieu of contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
S. 3380--A 5
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article. ANY CLAIMANT WHO IS
PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID,
WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY,
PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. Any
claimant whose high calendar quarter remuneration during the base period
is more than three thousand five hundred seventy-five dollars shall not
have a weekly benefit amount less than one hundred forty-three dollars.
The weekly benefit amount, so computed, that is not a multiple of one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight the weekly benefit
amount shall not exceed three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September, two thousand,
at which time the maximum benefit payable pursuant to this subdivision
shall equal one-half of the state average weekly wage for covered
employment as calculated by the department no sooner than July first,
two thousand and no later than August first, two thousand, rounded down
to the lowest dollar. On and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the first Monday of October, two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five dollars, until the first Monday of October, two thousand
eighteen when the maximum benefit amount shall be four hundred fifty
dollars, until the first Monday of October, two thousand nineteen when
the maximum benefit amount shall be thirty-six percent of the average
weekly wage until the first Monday of October, two thousand twenty when
the maximum benefit amount shall be thirty-eight percent of the average
weekly wage, until the first Monday of October, two thousand twenty-one
when the maximum benefit amount shall be forty percent of the average
weekly wage, until the first Monday of October, two thousand twenty-two
when the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two thousand twen-
ty-three when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be forty-six percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-five when the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday of October,
two thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty percent of the
average weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
S. 3380--A 6
S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
of 1977, is amended to read as follows:
6. Notification requirement. No effective [day] WEEK shall be counted
for any purposes except effective [days] WEEKS as to which notification
has been given in a manner prescribed by the commissioner.
S 11. Subdivision 7 of section 590 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
7. Waiting period. A claimant shall not be entitled to accumulate
effective [days] WEEKS for the purpose of benefit payments until he OR
SHE has accumulated a waiting period of [four effective days either
wholly within the week in which he established his valid original claim
or partly within such week and partly within his benefit year initiated
by such claim] ONE EFFECTIVE WEEK.
S 12. Subdivision 1 of section 591 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 13. Subdivision 1 of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
1. Unemployment. Benefits shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, is amended to read as follows:
(i) requirements relating to total unemployment AND PARTIAL UNEMPLOY-
MENT, as defined in section five hundred twenty-two of this article,
availability for work and search for work, as set forth in subdivision
two of section five hundred ninety-one of this title and refusal to
accept work, as set forth in subdivision two of section five hundred
ninety-three of this title, are not applicable to such individuals;
S 15. Subdivision 2 of section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
2. Concurrent payments prohibited. No [days] WEEKS of total unemploy-
ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
respect to which [or a part of which] a claimant has received or is
seeking unemployment benefits under an unemployment compensation law of
any other state or of the United States, provided that this provision
shall not apply if the appropriate agency of such other state or of the
United States finally determines that he OR SHE is not entitled to such
unemployment benefits.
S. 3380--A 7
S 16. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur after a claimant's voluntary separation without
good cause from employment until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify a claimant if circum-
stances have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his or her right to
retain the employment when there is a temporary layoff because of lack
of work, has elected to be separated for a temporary period and the
employer has consented thereto.
S 17. 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] WEEKS of total unemployment OR
PARTIAL UNEMPLOYMENT shall be deemed to occur beginning with the [day
on] WEEK IN 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
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 with-
out 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;
(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 OR HER
residence, or travel to and from the place of employment involves
expense substantially greater than that required in his OR HER former
employment unless the expense be provided for; or
(d) the wages or compensation or hours or conditions offered are
substantially less favorable to the claimant than those prevailing for
S. 3380--A 8
similar work in the locality, or are such as tend to depress wages or
working conditions; or
(e) the claimant is seeking part-time work as provided in subdivision
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 18. Subdivision 3 of section 593 of the labor law, as amended by
section 15 of part O of chapter 57 of the laws of 2013, is amended to
read as follows:
3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
PLOYMENT shall be deemed to occur after a claimant lost employment
through misconduct in connection with his or her employment until he or
she has subsequently worked in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
S 19. Subdivision 4 of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
4. Criminal acts. No [days] WEEKS of total unemployment OR PARTIAL
UNEMPLOYMENT shall be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act. Determinations regarding a benefit claim may be
reviewed at any time. Any benefits paid to a claimant prior to a deter-
mination that the claimant has lost employment as a result of such act
shall not be considered to have been accepted by the claimant in good
faith. In addition, remuneration paid to the claimant by the affected
employer prior to the claimant's loss of employment due to such criminal
act may not be utilized for the purpose of establishing entitlement to a
subsequent, valid original claim. The provisions of this subdivision
shall apply even if the employment lost as a result of such act is not
the claimant's last employment prior to the filing of his or her claim.
S 20. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 594. Reduction and recovery of benefits and penalties for wilful
false statement. (1) A claimant who has wilfully made a false statement
or representation to obtain any benefit under the provisions of this
article shall forfeit benefits for at least the first [four] ONE but not
more than the first [eighty] TWENTY effective [days] WEEKS following
discovery of such offense for which he or she otherwise would have been
entitled to receive benefits. Such penalty shall apply only once with
respect to each such offense.
(2) For the purpose of subdivision four of section five hundred ninety
of this [article] TITLE, the claimant shall be deemed to have received
benefits for such forfeited effective [days] WEEKS.
(3) The penalty provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part after
the expiration of two years from the date of the final determination.
Such two-year period shall be tolled during the time period a claimant
has an appeal pending.
(4) A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an amount equal
to the greater of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to this section. The penalties
collected hereunder shall be deposited in the fund. The penalties
assessed under this subdivision shall apply and be assessed for any
benefits paid under federal unemployment and extended unemployment
S. 3380--A 9
programs administered by the department in the same manner as provided
in this article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal crimi-
nal statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
(5) (a) Upon a determination based upon a willful false statement or
representation becoming final through exhaustion of appeal rights or
failure to exhaust hearing rights, the commissioner may recover the
amount found to be due by commencing a civil action, or by filing with
the county clerk of the county where the claimant resides the final
determination of the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court containing the amount
found to be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
(i) The claimant has responded to requests for information prior to a
determination and such requests for information notified the claimant of
his or her rights to a fair hearing as well as the potential conse-
quences of an investigation and final determination under this section
including the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair hearing
or appeal subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or subse-
quent appeal from which a final determination was rendered;
(ii) The commissioner has made efforts to collect on such final deter-
mination; and
(iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
(b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
(i) That the commissioner intends to docket a final determination
against such claimant as a judgment;
(ii) The total amount to be docketed; and
(iii) Conspicuous language that reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and your
money, including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect your
ability to rent a home, find a job, or take out a loan."
S 21. Subdivision 1 of section 596 of the labor law, as amended by
chapter 204 of the laws of 1982, is amended to read as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits at the local state employment office serving
the area in which he OR SHE was last employed or in which he OR SHE
resides within such time and in such manner as the commissioner shall
prescribe. He OR SHE shall disclose whether he OR SHE owes child support
obligations, as hereafter defined. If a claimant making such disclosure
is eligible for benefits, the commissioner shall notify the state or
local child support enforcement agency, as hereafter defined, that the
claimant is eligible.
A claimant shall correctly report any [days] WEEKS of employment and
any compensation he OR SHE received for such employment, including
employments not subject to this article, and the [days on] WEEKS DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.
S. 3380--A 10
S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
chapter 436 of the laws of 1997 and such section as renumbered by chap-
ter 663 of the laws of 1946, is amended to read as follows:
4. Registration and reporting for work. A claimant shall register as
totally unemployed OR PARTIALLY UNEMPLOYED at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give notice
of the continuance of his OR HER unemployment as often and in such
manner as the commissioner shall prescribe.
S 23. Intentionally omitted.
S 24. Intentionally omitted.
S 25. The opening paragraph and paragraph (e) of subdivision 2 of
section 601 of the labor law, as amended by chapter 35 of the laws of
2009, is amended to read as follows:
Extended benefits shall be payable to a claimant for effective [days]
WEEKS occurring [in any week] within an eligibility period, provided the
claimant
(e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first [eight] TWO effective [days] WEEKS for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
S 26. Subdivision 3 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
3. Extended benefit amounts; rate and duration. Extended benefits
shall be paid to a claimant
(a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
(b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
respect to his or her applicable benefit year, with a total maximum
amount equal to fifty percentum of the total maximum amount of regular
benefits payable in such benefit year, and
(c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the number of effective [days]
WEEKS for which he or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
(d) for periods of high unemployment for not more than eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
S 27. Subdivision 4 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
4. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for effective [days occurring in] weeks following the
end of a benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities as defined in
section five hundred sixty-five and Indian tribes as defined in section
five hundred sixty-six of this article, only one-half of the amount of
S. 3380--A 11
such benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
act. Notwithstanding the foregoing, where the state has entered an
extended benefit period triggered pursuant to subparagraph one of para-
graph (a) of subdivision one of this section for which federal law
provides for one hundred percent federal sharing of the costs of bene-
fits, all charges shall be debited to the general account and such
account shall be credited with the amount of payments received in the
fund pursuant to the provisions of the federal-state extended unemploy-
ment compensation act or other federal law providing for one hundred
percent federal sharing for the cost of such benefits.
S 28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(b) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
during which a claimant fails to accept any offer of suitable work or
fails to apply for suitable work to which he or she was referred by the
commissioner, who shall make such referral if such work is available, or
during which he or she fails to engage actively in seeking work by
making a systematic and sustained effort to obtain work and providing
tangible evidence of such effort, and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
S 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(e) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
under section five hundred ninety-three of this [article] TITLE, until
he or she has subsequently worked in employment in accordance with the
requirements set forth in section five hundred ninety-three of this
[article] TITLE.
S 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 603. Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment [on any day] DURING ANY WEEK
AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY EMPLOYMENT DURING ANY WEEK
THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
PARTIAL BENEFIT CREDIT, other than with an employer applying for a
shared work program. "Work force" shall mean the total work force, a
clearly identifiable unit or units thereof, or a particular shift or
shifts. The work force subject to reduction shall consist of no less
than two employees.
S 31. The executive law is amended by adding a new section 296-d to
read as follows:
S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
S. 3380--A 12
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
5. ANY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
S 32. Paragraph (c) of subdivision 1 of section 593 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
[(c) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.]
S 33. Paragraph (d) of subdivision 11 of section 590 of the labor law
is relettered paragraph (e) and a new paragraph (d) is added to read as
follows:
(D) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN
INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN
EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH
CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
IS THE COLLEGE'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 34. Subdivision 10 of section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
S. 3380--A 13
(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 35. Section 599 of the labor law, as amended by chapter 593 of the
laws of 1991, is amended to read as follows:
S 599. Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article, a claimant shall
not become ineligible for benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing and prospec-
tive conditions of the labor market in the state, taking into account
present and anticipated supply and demand regarding the occupation or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
er, in no event shall the commissioner approve [such] training for a
claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
ENTITY LISTED ABOVE unless:
(a) (1) the training will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
(2) employment opportunities for the claimant are or may be substan-
tially impaired because of:
(i) existing or prospective conditions of the labor market in the
locality or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or
(ii) technological change, plant closing or plant removal, discontin-
uance of specific plant operations, or similar reasons; or
(iii) limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or
(iv) the claimant's personal traits such as physical or mental hand-
icap; and
(b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
relates to an occupation or skill for which there are, or are expected
to be in the immediate future, reasonable employment opportunities in
the state; and
S. 3380--A 14
(c) the training is offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and
(d) the claimant has the required qualifications and aptitudes to
complete the training successfully.
2. (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to [one hundred four] TWENTY-SIX
effective [days] WEEKS following exhaustion of regular and, if in
effect, any other extended benefits, provided that entitlement to a new
benefit claim cannot be established. Certification of continued satis-
factory participation and progress in such training course or program
must be submitted to the commissioner prior to the payment of any such
benefits. [The duration of such additional benefits shall in no case
exceed twice the number of effective days of regular benefits to which
the claimant is entitled at the time the claimant is accepted in, or
demonstrates application for appropriate training.] ANY UNEMPLOYED INDI-
VIDUAL RECEIVING UNEMPLOYMENT INSURANCE BENEFITS PAYABLE UNDER THIS
SUBDIVISION, WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK TRAIN-
ING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF
HIS OR HER RECEIVING BENEFITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS
UNDER THIS ARTICLE, IS ENTITLED TO A TRAINING EXTENSION OF THE FULL
TWENTY-SIX EFFECTIVE WEEKS ON HIS OR HER UNEMPLOYMENT COMPENSATION
CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING.
(b) No more than [twenty] FIFTY million dollars of benefits per year
shall be made available for payment to claimants participating in such
courses or programs.
(c) Participation in such training course or program shall not be
limited to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant otherwise
eligible to participate in training courses or programs pursuant to this
section.
(d) The additional benefits paid to a claimant shall be charged to the
general account.
3. Notwithstanding any other provision of this article, a claimant who
is in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he OR SHE is in such training or because he OR SHE left employ-
ment which is not suitable employment to enter such training. For
purposes hereof, "suitable employment" means work of a substantially
equal or higher skill level than the claimant's past adversely affected
employment and for which the remuneration is not less than eighty
percent of the claimant's average weekly wage.
S 36. Section 3 of chapter 831 of the laws of 1981, amending the
labor law relating to fees and expenses in unemployment insurance
proceedings, as amended by chapter 115 of the laws of 2014, is amended
to read as follows:
S 3. This act shall take effect January 1, 1982, provided, however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law as added by section one of this act shall remain in full force and
effect until December 31, [2016] 2019.
S 37. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
TITLE 7-B
UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
SECTION 615. DEFINITIONS.
S. 3380--A 15
616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC
VIOLENCE SURVIVORS.
617. TRAINING PROGRAM.
S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
(A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
(B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
(C) A PERSON WHO IS COHABITING WITH, OR HAS COHABITED WITH, THE
EMPLOYEE; OR
(D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
(E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
2. "ABUSE" MEANS:
(A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
(B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
(C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
(D) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
(E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
(F) RESTRAINING THE LIBERTY OF ANOTHER.
S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
TO DOMESTIC VIOLENCE, INCLUDING:
(A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
(B) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
(C) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
(D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
(E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
(A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
(B) A POLICE RECORD DOCUMENTING THE ABUSE;
(C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
(D) MEDICAL DOCUMENTATION OF THE ABUSE;
(E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
(F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
S. 3380--A 16
3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE
DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
STATUS.
2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
S 38. The opening paragraph of subdivision 1 of section 560 of the
labor law, as amended by chapter 103 of the laws of 1965, is amended to
read as follows:
Any employer shall become liable for contributions under this article
if he has paid remuneration of [three hundred] ONE THOUSAND dollars or
more in any calendar quarter, except that liability with respect to
persons employed in personal or domestic service in private homes shall
be considered separately and an employer shall become liable for
contributions with respect to such persons only if he has paid to them
remuneration in cash of five hundred dollars or more in any calendar
quarter. Such liability for contributions shall commence on the first
day of such calendar quarter.
S 39. Paragraph (c) of subdivision 1 of section 538 of the labor law,
as amended by chapter 831 of the laws of 1981, is amended to read as
follows:
(c) Claims of representatives for services rendered to a claimant in
connection with any claim arising under this article shall not be
enforceable unless approved by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of this subdivision.
In approving any fee requested by a representative pursuant to this
section, the appeal board shall consider the following factors: (i) the
total benefit allowed; (ii) the time spent in providing representation;
(iii) the legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
S 40. Subdivision 4 of section 597 of the labor law, as amended by
chapter 61 of the laws of 1998, is amended to read as follows:
4. Effect of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or a decision by a
referee, the appeal board, or a court results in a decrease or denial of
benefits previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall not
affect the rights to any benefits already paid under the authority of
S. 3380--A 17
the prior determination or decision provided they were accepted by the
claimant in good faith and the claimant did not make any false statement
or representation and did not wilfully conceal any pertinent fact in
connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS
PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
law relating to the self-employment assistance program and other
matters, as amended by chapter 457 of the laws of 2015, is amended to
read as follows:
S 10. This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2017] 2018
when upon such date the provisions of such sections shall be deemed
repealed.
S 42. The opening paragraph of paragraph (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
The term "employment" [does not include] INCLUDES agricultural labor
[unless it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
S 43. Section 564 of the labor law, as added by chapter 675 of the
laws of 1977, is amended to read as follows:
S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith-
standing the provisions of section five hundred sixty of this article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
(1) has paid cash remuneration of twenty thousand dollars or more in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or
(2) has employed in agricultural labor ten or more persons on each of
twenty days during a calendar year or the preceding calendar year, each
day being in a different calendar week, and the liability shall in such
event commence on the first day of the calendar year, or
(3) is liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration for agricultural labor in this
state.
(b) An employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day of
a calendar quarter next following the filing of a written application
provided the commissioner finds that the employer:
(1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight calendar
quarters preceding such day, and
(2) has not employed in agricultural labor ten or more persons on each
of twenty days during the current or the preceding calendar year, each
day being in a different week, and
(3) is not liable for the tax imposed under the federal unemployment
tax act as an employer of agricultural labor.
2. Crew leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform services
in agricultural labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the employer of such
person, unless:
S. 3380--A 18
[(a)] 1. the crew leader holds a valid certificate of registration
under the federal farm labor contractor registration act of nineteen
hundred sixty-three or substantially all the members of the crew operate
or maintain tractors, mechanized harvesting or cropdusting machinery or
any other mechanized equipment which is provided by the crew leader, and
[(b)] 2. the crew leader is not an employee of such other employer and
has not entered into a written agreement with such employer under which
he is designated as an employee.
S 44. Section 592 of the labor law, as amended by chapter 415 of the
laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
2010, is amended to read as follows:
S 592. [Suspension of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant shall
be suspended during a period of seven consecutive weeks beginning with
the day after such claimant lost his or her employment because of a
strike or other industrial controversy except for lockouts, including
concerted activity not authorized or sanctioned by the recognized or
certified bargaining agent of the claimant, and other concerted activity
conducted in violation of any existing collective bargaining agreement,
in the establishment in which he or she was employed, except that bene-
fit rights may be accumulated before the expiration of such seven weeks
beginning with the day after such strike or other industrial controversy
was terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to his or her prior position upon conclusion of the strike, in
the event the strike terminates prior to the conclusion of the employ-
ee's eligibility for benefit rights under this chapter. In the event the
employer does not permit such return after such certification, the
employee shall be entitled to recover any benefits lost as a result of
the seven week suspension of benefits, and the department may impose a
penalty upon the employer of up to seven hundred fifty dollars per
employee per week of benefits lost. The penalty collected shall be paid
into the unemployment insurance control fund established pursuant to
section five hundred fifty-two-b of this article; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused his or her unemployment and is not participating
in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused his or her unemployment and is not participating in the
industrial controversy.
2.] Concurrent payments prohibited. No days of total unemployment
shall be deemed to occur in any week with respect to which or a part of
which a claimant has received or is seeking unemployment benefits under
an unemployment compensation law of any other state or of the United
States, provided that this provision shall not apply if the appropriate
agency of such other state or of the United States finally determines
that he is not entitled to such unemployment benefits.
[3. Terms of suspension. No waiting period may be served during a
suspension period.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
S. 3380--A 19
claim is filed except as provided in subdivision one and shall not be
confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.]
S 45. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made by
section twelve of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 10 of chapter 413 of the
laws of 2003, as amended, when upon such date the provisions of section
thirteen of this act shall take effect; provided, further, that the
amendment to section 591-a of the labor law made by section fourteen of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.
2015-S3380B (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Rpld §523, amd Lab L, generally; add §296-d, Exec L; amd §3, Chap 831 of 1981; amd §10, Chap 413 of 2003
- Versions Introduced in 2013-2014 Legislative Session:
-
S5636
2015-S3380B (ACTIVE) - Sponsor Memo
BILL NUMBER: S3380B
TITLE OF BILL :
An act to amend the labor law, in relation to the calculation of
weekly unemployment insurance benefits for workers who are partially
unemployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing
agencies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law
relating to fees and expenses in unemployment insurance proceedings,
in relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
PURPOSE OF THE BILL :
The bill amends various sections of the labor law to enact
comprehensive reform of the unemployment insurance system;
specifically, to encourage unemployed individuals to seek employment
by removing barriers in the system that penalize those individuals
that do accept part-time work. The bill would also prohibit employers
from discriminating against unemployed applicants in the hiring
process.
SUMMARY OF BILL PROVISIONS :
Sections 1 through 30 amend various sections of Article 18 of the
labor law, replacing the current system for determining eligibility
for partial unemployment insurance benefits with a system that is
based on the claimant's weekly earnings rather than the number of days
the claimant worked during the week; establishes a system of
calculating partial unemployment benefits that utilizes an income
disregard and holds individuals harmless from liability under the
previous system of calculating partial benefits.
Section 31 amends the executive law by adding a new section 296-c to
prohibit discrimination of unemployed applicants in hiring.
Sections 32 through 34 amend various sections of the labor law to
expand unemployment insurance coverage to teaching personnel of higher
education institutions that are hired on a contingency basis.
Sections 35 and 36 amend various sections of the labor law to allow
claimants to enroll in training programs without loss of eligibility
to collect unemployment benefits.
Sections 37 through 43 amend various sections of the labor law to
clarify eligibility of domestic violence survivors and agricultural
workers.
Section 44 amends the labor law to reduce the waiting period for
benefit eligibility of striking workers.
Section 45 sets forth the effective dates.
JUSTIFICATION :
New York's unemployment insurance ("UI") program makes benefits
available to workers who are totally unemployed or partially
unemployed. However, the system of determining eligibility for partial
UI benefits is often arbitrary and serves to deny or reduce UI
benefits for many part-time workers, especially low-wage workers. The
system's inequities also penalize workers for days of uncompensated
work. This bill makes two important changes to the New York UI program
in order to ensure that partially unemployed workers have meaningful
access to UI benefits. The bill establishes a system for determining
UI eligibility based on the claimant's weekly earnings and it
establishes a system of calculating partial UI benefits that utilizes
an income "disregard" that encourages UI claimants to accept part-time
work.
Many of New York State's workers are victims of chronic unemployment.
This bill will address one cause of chronic unemployment by
prohibiting employer from discriminating against job applicants based
on their current employment status.
Under current law, workers employed by institutions of higher
education are excluded from eligibility for UI benefits if at the end
of a semester the employer issues them a reasonable assurance of
employment during the next semester. In the best case, these workers
are left without wages from work or unemployment benefits during the
time between semesters. In worst case scenarios workers without wages
or benefits between semesters, are not rehired for the following
semester and are then not eligible for benefits because they have not
earned wages in the previous five weeks. This bill would expand
coverage to certain educational personnel to address this inequity.
This bill would encourage claimants to enroll in job training
programs, thereby increasing their chances of reemployment, without
affecting their eligibility status.
This bill would clarify eligibility of some of the State's most
vulnerable, agricultural workers and those claimants that due to
domestic violence had no choice but to leave employment. This bill
would remove barriers to employees' constitutionally-protected
collective bargaining rights by reducing the benefit waiting period
for claimants that honor a strike.
PRIOR LEGISLATIVE HISTORY :
2013-14 Session - referred to Labor
2015-16 Session - S.3380 - referred to Labor
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Varied.
2015-S3380B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3380--B
2015-2016 Regular Sessions
I N S E N A T E
February 6, 2015
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- recommitted 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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to the calculation of weekly
unemployment insurance benefits for workers who are partially unem-
ployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law relat-
ing to fees and expenses in unemployment insurance proceedings, in
relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 522 of the labor law, as amended by chapter 720 of
the laws of 1953, is amended to read as follows:
S 522. Total unemployment AND PARTIAL UNEMPLOYMENT. "Total unemploy-
ment" means the total lack of any employment [on any day] DURING ANY
WEEK. "PARTIAL UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT
IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID IS
LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08184-04-6
S. 3380--B 2
BENEFIT CREDIT. The term "employment" as used in this section means any
employment including that not defined in this title.
S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:
S 523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS PAID COMPEN-
SATION, OR (B) A WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT.
S 3. The labor law is amended by adding a new section 514-a to read as
follows:
S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT" MEANS THAT
PART OF THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF THE INDIVIDUAL'S WEEKLY
BENEFIT RATE, OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF ONE DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
S 4. Subdivision 4 of section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
laws of 1984, is amended to read as follows:
4. General condition. A valid original claim may be filed only in a
week [in which the claimant has at least one effective day of unemploy-
ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
ANT.
S 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 282 of the laws of 2002, clause
(v) as added by chapter 106 of the laws of 2007, is amended to read as
follows:
(2) Benefits payable to any claimant with respect to the claimant's
then current benefit year shall be charged, when paid, to the account of
the last employer prior to the filing of a valid original claim in an
amount equal to seven times the claimant's benefit rate. Thereafter,
such charges shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during that
base period bears to the remuneration paid by all employers to the
claimant during that base period except as provided below:
(i) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision ten of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid shall be charged to the general account. In addition,
wages paid during the base period by such educational institutions, or
for services in such educational institutions for claimants employed by
an educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision ten of section five hundred ninety of
this article.
S. 3380--B 3
(ii) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision eleven of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
paid as otherwise provided by this section. Under such circumstances,
benefits paid will be charged to the general account. In addition, wages
paid during the base period by such educational institutions, or for
services in such educational institutions for claimants employed by an
educational service agency shall not be considered base period wages
during periods that such wages may not be used to gain entitlement to
benefits pursuant to subdivision eleven of section five hundred ninety
of this article. However, in those instances where a claimant was not
afforded an opportunity to perform services for the educational institu-
tion for the next academic year or term after reasonable assurance was
provided, such employer shall be liable for benefit charges as provided
for in this paragraph for any retroactive payments made to the claimant.
(iii) In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling the first
[twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and a
base-period employer, such employer shall be liable for charges for all
benefits paid on such claim in the same proportion that the remuneration
paid by such employer during the base period bears to the remuneration
paid by all employers during the base period. In addition, benefit
payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
TIVE WEEKS of benefits other than those chargeable to the federal
government as prescribed above shall be made to the general account.
(iv) In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and the claimant's last employer
prior to the filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments equaling the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be charged to the general
account. In those instances where the out-of-state employer is the last
employer prior to the filing of the claim for benefits and a base-period
employer such employer shall be liable for charges for all benefits paid
on such claim in the same proportion that the remuneration paid by such
employer during the base period bears to the remuneration paid by all
employers during the base period. In addition, benefit payment charges
for the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
other than those chargeable to the out-of-state employer as prescribed
above shall be made to the general account.
(v) In those instances where the last employer prior to the filing of
a valid original claim has paid total remuneration to the claimant
during the period from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of the valid
original claim in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated such amount
S. 3380--B 4
to the satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to such last employer's
account, benefits shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year shall
be charged, when paid, to the account of such last employer prior to the
filing of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's bene-
fit rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such total remuneration
paid by such last employer to the claimant. Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim in the same proportion that the
remuneration paid by each employer to the claimant during that base
period bears to the remuneration paid by all employers to the claimant
during that base period. Notice of such recalculation of potential
charges shall be given to the last employer and each employer of the
claimant in the base period used to establish the valid original claim.
S 6. Subdivision 1 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective [days] WEEKS for the purpose of benefit rights only if he OR
SHE has complied with the provisions of this article regarding the
filing of his OR HER claim, including the filing of a valid original
claim, registered as totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and reported for work or
otherwise given notice of the continuance of his OR HER unemployment.
S 7. Subdivision 3 of section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
3. Compensable periods. Benefits shall be paid for each [accumulation
of] effective [days within a] week.
S 8. Subdivision 4 of section 590 of the labor law, as amended by
chapter 457 of the laws of 1987, is amended to read as follows:
4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] TWENTY-SIX EFFECTIVE WEEKS in any benefit year,
except as provided in section six hundred one and subdivision two of
section five hundred ninety-nine of this chapter.
S 9. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) A claimant's weekly benefit amount shall be one twenty-sixth of
the remuneration paid during the highest calendar quarter of the base
period by employers, liable for contributions or payments in lieu of
contributions under this article, provided the claimant has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period. However, for any claimant who has remuneration
paid in all four calendar quarters during his or her base period or
alternate base period and whose high calendar quarter remuneration
during the base period is three thousand five hundred seventy-five
dollars or less, the benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by employers liable for contributions or payments in lieu of contrib-
utions under this article. A claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two highest quar-
ters paid during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
S. 3380--B 5
quarters provided however, that a claimant whose high calendar quarter
is four thousand dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount of one
twenty-sixth of such high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters during his
or her base period or alternate base period and whose high calendar
quarter remuneration during the base period is three thousand five
hundred seventy-five dollars or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar quar-
ter of the base period by employers liable for contributions or payments
in lieu of contributions under this article. ANY CLAIMANT WHO IS
PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL BE PAID,
WITH RESPECT TO SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE REMUNERATION, IF ANY,
PAID OR PAYABLE TO HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT CREDIT. Any
claimant whose high calendar quarter remuneration during the base period
is more than three thousand five hundred seventy-five dollars shall not
have a weekly benefit amount less than one hundred forty-three dollars.
The weekly benefit amount, so computed, that is not a multiple of one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight the weekly benefit
amount shall not exceed three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September, two thousand,
at which time the maximum benefit payable pursuant to this subdivision
shall equal one-half of the state average weekly wage for covered
employment as calculated by the department no sooner than July first,
two thousand and no later than August first, two thousand, rounded down
to the lowest dollar. On and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first
Monday of October, two thousand fifteen when the maximum benefit amount
shall be four hundred twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount shall be
four hundred thirty dollars, until the first Monday of October, two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five dollars, until the first Monday of October, two thousand
eighteen when the maximum benefit amount shall be four hundred fifty
dollars, until the first Monday of October, two thousand nineteen when
the maximum benefit amount shall be thirty-six percent of the average
weekly wage until the first Monday of October, two thousand twenty when
the maximum benefit amount shall be thirty-eight percent of the average
weekly wage, until the first Monday of October, two thousand twenty-one
when the maximum benefit amount shall be forty percent of the average
weekly wage, until the first Monday of October, two thousand twenty-two
when the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two thousand twen-
ty-three when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be forty-six percent
of the average weekly wage, until the first Monday of October, two thou-
sand twenty-five when the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday of October,
two thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty percent of the
S. 3380--B 6
average weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
of 1977, is amended to read as follows:
6. Notification requirement. No effective [day] WEEK shall be counted
for any purposes except effective [days] WEEKS as to which notification
has been given in a manner prescribed by the commissioner.
S 11. Subdivision 7 of section 590 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
7. Waiting period. A claimant shall not be entitled to accumulate
effective [days] WEEKS for the purpose of benefit payments until he OR
SHE has accumulated a waiting period of [four effective days either
wholly within the week in which he established his valid original claim
or partly within such week and partly within his benefit year initiated
by such claim] ONE EFFECTIVE WEEK.
S 12. Subdivision 1 of section 591 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 13. Subdivision 1 of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
1. Unemployment. Benefits shall be paid only to a claimant who is
totally unemployed OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he OR SHE is
reasonably fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of the
United States.
S 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, is amended to read as follows:
(i) requirements relating to total unemployment AND PARTIAL UNEMPLOY-
MENT, as defined in section five hundred twenty-two of this article,
availability for work and search for work, as set forth in subdivision
two of section five hundred ninety-one of this title and refusal to
accept work, as set forth in subdivision two of section five hundred
ninety-three of this title, are not applicable to such individuals;
S 15. Subdivision 2 of section 592 of the labor law, as amended by
chapter 415 of the laws of 1983, is amended to read as follows:
2. Concurrent payments prohibited. No [days] WEEKS of total unemploy-
ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any week with
respect to which [or a part of which] a claimant has received or is
seeking unemployment benefits under an unemployment compensation law of
any other state or of the United States, provided that this provision
shall not apply if the appropriate agency of such other state or of the
United States finally determines that he OR SHE is not entitled to such
unemployment benefits.
S. 3380--B 7
S 16. Paragraph (a) of subdivision 1 of section 593 of the labor law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
(a) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur after a claimant's voluntary separation without
good cause from employment until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify a claimant if circum-
stances have developed in the course of such employment that would have
justified the claimant in refusing such employment in the first instance
under the terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective bargaining agreement
or written employer plan which permits waiver of his or her right to
retain the employment when there is a temporary layoff because of lack
of work, has elected to be separated for a temporary period and the
employer has consented thereto.
S 17. 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] WEEKS of total unemployment OR
PARTIAL UNEMPLOYMENT shall be deemed to occur beginning with the [day
on] WEEK IN 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
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 with-
out 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;
(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 OR HER
residence, or travel to and from the place of employment involves
expense substantially greater than that required in his OR HER former
employment unless the expense be provided for; or
(d) the wages or compensation or hours or conditions offered are
substantially less favorable to the claimant than those prevailing for
S. 3380--B 8
similar work in the locality, or are such as tend to depress wages or
working conditions; or
(e) the claimant is seeking part-time work as provided in subdivision
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 18. Subdivision 3 of section 593 of the labor law, as amended by
section 15 of part O of chapter 57 of the laws of 2013, is amended to
read as follows:
3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
PLOYMENT shall be deemed to occur after a claimant lost employment
through misconduct in connection with his or her employment until he or
she has subsequently worked in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
S 19. Subdivision 4 of section 593 of the labor law, as amended by
chapter 589 of the laws of 1998, is amended to read as follows:
4. Criminal acts. No [days] WEEKS of total unemployment OR PARTIAL
UNEMPLOYMENT shall be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act. Determinations regarding a benefit claim may be
reviewed at any time. Any benefits paid to a claimant prior to a deter-
mination that the claimant has lost employment as a result of such act
shall not be considered to have been accepted by the claimant in good
faith. In addition, remuneration paid to the claimant by the affected
employer prior to the claimant's loss of employment due to such criminal
act may not be utilized for the purpose of establishing entitlement to a
subsequent, valid original claim. The provisions of this subdivision
shall apply even if the employment lost as a result of such act is not
the claimant's last employment prior to the filing of his or her claim.
S 20. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 594. Reduction and recovery of benefits and penalties for wilful
false statement. (1) A claimant who has wilfully made a false statement
or representation to obtain any benefit under the provisions of this
article shall forfeit benefits for at least the first [four] ONE but not
more than the first [eighty] TWENTY effective [days] WEEKS following
discovery of such offense for which he or she otherwise would have been
entitled to receive benefits. Such penalty shall apply only once with
respect to each such offense.
(2) For the purpose of subdivision four of section five hundred ninety
of this [article] TITLE, the claimant shall be deemed to have received
benefits for such forfeited effective [days] WEEKS.
(3) The penalty provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part after
the expiration of two years from the date of the final determination.
Such two-year period shall be tolled during the time period a claimant
has an appeal pending.
(4) A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an amount equal
to the greater of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to this section. The penalties
collected hereunder shall be deposited in the fund. The penalties
assessed under this subdivision shall apply and be assessed for any
benefits paid under federal unemployment and extended unemployment
S. 3380--B 9
programs administered by the department in the same manner as provided
in this article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal crimi-
nal statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
(5) (a) Upon a determination based upon a willful false statement or
representation becoming final through exhaustion of appeal rights or
failure to exhaust hearing rights, the commissioner may recover the
amount found to be due by commencing a civil action, or by filing with
the county clerk of the county where the claimant resides the final
determination of the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court containing the amount
found to be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
(i) The claimant has responded to requests for information prior to a
determination and such requests for information notified the claimant of
his or her rights to a fair hearing as well as the potential conse-
quences of an investigation and final determination under this section
including the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair hearing
or appeal subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or subse-
quent appeal from which a final determination was rendered;
(ii) The commissioner has made efforts to collect on such final deter-
mination; and
(iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
(b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
(i) That the commissioner intends to docket a final determination
against such claimant as a judgment;
(ii) The total amount to be docketed; and
(iii) Conspicuous language that reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and your
money, including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect your
ability to rent a home, find a job, or take out a loan."
S 21. Subdivision 1 of section 596 of the labor law, as amended by
chapter 204 of the laws of 1982, is amended to read as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits at the local state employment office serving
the area in which he OR SHE was last employed or in which he OR SHE
resides within such time and in such manner as the commissioner shall
prescribe. He OR SHE shall disclose whether he OR SHE owes child support
obligations, as hereafter defined. If a claimant making such disclosure
is eligible for benefits, the commissioner shall notify the state or
local child support enforcement agency, as hereafter defined, that the
claimant is eligible.
A claimant shall correctly report any [days] WEEKS of employment and
any compensation he OR SHE received for such employment, including
employments not subject to this article, and the [days on] WEEKS DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.
S. 3380--B 10
S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
chapter 436 of the laws of 1997 and such section as renumbered by chap-
ter 663 of the laws of 1946, is amended to read as follows:
4. Registration and reporting for work. A claimant shall register as
totally unemployed OR PARTIALLY UNEMPLOYED at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give notice
of the continuance of his OR HER unemployment as often and in such
manner as the commissioner shall prescribe.
S 23. Intentionally omitted.
S 24. Intentionally omitted.
S 25. The opening paragraph and paragraph (e) of subdivision 2 of
section 601 of the labor law, as amended by chapter 35 of the laws of
2009, is amended to read as follows:
Extended benefits shall be payable to a claimant for effective [days]
WEEKS occurring [in any week] within an eligibility period, provided the
claimant
(e) is not claiming benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where an extended
benefit period is not in effect, except that this condition shall not
apply with respect to the first [eight] TWO effective [days] WEEKS for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
S 26. Subdivision 3 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
3. Extended benefit amounts; rate and duration. Extended benefits
shall be paid to a claimant
(a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
(b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
respect to his or her applicable benefit year, with a total maximum
amount equal to fifty percentum of the total maximum amount of regular
benefits payable in such benefit year, and
(c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the number of effective [days]
WEEKS for which he or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred seventy-four
during such benefit year, and
(d) for periods of high unemployment for not more than eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to eighty percent of the total maximum amount of regu-
lar benefits payable in such benefit year.
S 27. Subdivision 4 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
4. Charging of extended benefits. The provisions of paragraph (e) of
subdivision one of section five hundred eighty-one of this article shall
apply to benefits paid pursuant to the provisions of this section, and
if they were paid for effective [days occurring in] weeks following the
end of a benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities as defined in
section five hundred sixty-five and Indian tribes as defined in section
five hundred sixty-six of this article, only one-half of the amount of
S. 3380--B 11
such benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account shall
be credited with the amount of payments received in the fund pursuant to
the provisions of the federal-state extended unemployment compensation
act. Notwithstanding the foregoing, where the state has entered an
extended benefit period triggered pursuant to subparagraph one of para-
graph (a) of subdivision one of this section for which federal law
provides for one hundred percent federal sharing of the costs of bene-
fits, all charges shall be debited to the general account and such
account shall be credited with the amount of payments received in the
fund pursuant to the provisions of the federal-state extended unemploy-
ment compensation act or other federal law providing for one hundred
percent federal sharing for the cost of such benefits.
S 28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(b) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
during which a claimant fails to accept any offer of suitable work or
fails to apply for suitable work to which he or she was referred by the
commissioner, who shall make such referral if such work is available, or
during which he or she fails to engage actively in seeking work by
making a systematic and sustained effort to obtain work and providing
tangible evidence of such effort, and until he or she has worked in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
S 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
(e) No [days] WEEKS of total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any week] within an eligibility period
under section five hundred ninety-three of this [article] TITLE, until
he or she has subsequently worked in employment in accordance with the
requirements set forth in section five hundred ninety-three of this
[article] TITLE.
S 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
S 603. Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment [on any day] DURING ANY WEEK
AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY EMPLOYMENT DURING ANY WEEK
THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
IS LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
PARTIAL BENEFIT CREDIT, other than with an employer applying for a
shared work program. "Work force" shall mean the total work force, a
clearly identifiable unit or units thereof, or a particular shift or
shifts. The work force subject to reduction shall consist of no less
than two employees.
S 31. The executive law is amended by adding a new section 296-d to
read as follows:
S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
S. 3380--B 12
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
5. ANY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
S 32. Paragraph (c) of subdivision 1 of section 593 of the labor law,
as amended by chapter 35 of the laws of 2009, is amended to read as
follows:
[(c) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.]
S 33. Paragraph (d) of subdivision 11 of section 590 of the labor law
is relettered paragraph (e) and a new paragraph (d) is added to read as
follows:
(D) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN
INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN
EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH
CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
IS THE COLLEGE'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 34. Subdivision 10 of section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
S. 3380--B 13
(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 35. Section 599 of the labor law, as amended by chapter 593 of the
laws of 1991, is amended to read as follows:
S 599. Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article, a claimant shall
not become ineligible for benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing and prospec-
tive conditions of the labor market in the state, taking into account
present and anticipated supply and demand regarding the occupation or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
er, in no event shall the commissioner approve [such] training for a
claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
ENTITY LISTED ABOVE unless:
(a) (1) the training will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
(2) employment opportunities for the claimant are or may be substan-
tially impaired because of:
(i) existing or prospective conditions of the labor market in the
locality or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or
(ii) technological change, plant closing or plant removal, discontin-
uance of specific plant operations, or similar reasons; or
(iii) limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or
(iv) the claimant's personal traits such as physical or mental hand-
icap; and
(b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
relates to an occupation or skill for which there are, or are expected
to be in the immediate future, reasonable employment opportunities in
the state; and
S. 3380--B 14
(c) the training is offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and
(d) the claimant has the required qualifications and aptitudes to
complete the training successfully.
2. (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to [one hundred four] TWENTY-SIX
effective [days] WEEKS following exhaustion of regular and, if in
effect, any other extended benefits, provided that entitlement to a new
benefit claim cannot be established. Certification of continued satis-
factory participation and progress in such training course or program
must be submitted to the commissioner prior to the payment of any such
benefits. [The duration of such additional benefits shall in no case
exceed twice the number of effective days of regular benefits to which
the claimant is entitled at the time the claimant is accepted in, or
demonstrates application for appropriate training.] ANY UNEMPLOYED INDI-
VIDUAL RECEIVING UNEMPLOYMENT INSURANCE BENEFITS PAYABLE UNDER THIS
SUBDIVISION, WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK TRAIN-
ING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF
HIS OR HER RECEIVING BENEFITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS
UNDER THIS ARTICLE, IS ENTITLED TO A TRAINING EXTENSION OF THE FULL
TWENTY-SIX EFFECTIVE WEEKS ON HIS OR HER UNEMPLOYMENT COMPENSATION
CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING.
(b) No more than [twenty] FIFTY million dollars of benefits per year
shall be made available for payment to claimants participating in such
courses or programs.
(c) Participation in such training course or program shall not be
limited to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant otherwise
eligible to participate in training courses or programs pursuant to this
section.
(d) The additional benefits paid to a claimant shall be charged to the
general account.
3. Notwithstanding any other provision of this article, a claimant who
is in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he OR SHE is in such training or because he OR SHE left employ-
ment which is not suitable employment to enter such training. For
purposes hereof, "suitable employment" means work of a substantially
equal or higher skill level than the claimant's past adversely affected
employment and for which the remuneration is not less than eighty
percent of the claimant's average weekly wage.
S 36. Section 3 of chapter 831 of the laws of 1981, amending the
labor law relating to fees and expenses in unemployment insurance
proceedings, as amended by chapter 115 of the laws of 2014, is amended
to read as follows:
S 3. This act shall take effect January 1, 1982, provided, however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law as added by section one of this act shall remain in full force and
effect until December 31, [2016] 2019.
S 37. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
TITLE 7-B
UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
SECTION 615. DEFINITIONS.
S. 3380--B 15
616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC
VIOLENCE SURVIVORS.
617. TRAINING PROGRAM.
S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
(A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
(B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
(C) A PERSON WHO IS COHABITING WITH, OR HAS COHABITED WITH, THE
EMPLOYEE; OR
(D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
(E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
2. "ABUSE" MEANS:
(A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
(B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
(C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
(D) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
(E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
(F) RESTRAINING THE LIBERTY OF ANOTHER.
S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
TO DOMESTIC VIOLENCE, INCLUDING:
(A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
(B) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
(C) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
(D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
(E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
(A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
(B) A POLICE RECORD DOCUMENTING THE ABUSE;
(C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
(D) MEDICAL DOCUMENTATION OF THE ABUSE;
(E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
(F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
S. 3380--B 16
3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE
DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
STATUS.
2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
S 38. The opening paragraph of subdivision 1 of section 560 of the
labor law, as amended by chapter 103 of the laws of 1965, is amended to
read as follows:
Any employer shall become liable for contributions under this article
if he has paid remuneration of [three hundred] ONE THOUSAND dollars or
more in any calendar quarter, except that liability with respect to
persons employed in personal or domestic service in private homes shall
be considered separately and an employer shall become liable for
contributions with respect to such persons only if he has paid to them
remuneration in cash of five hundred dollars or more in any calendar
quarter. Such liability for contributions shall commence on the first
day of such calendar quarter.
S 39. Paragraph (c) of subdivision 1 of section 538 of the labor law,
as amended by chapter 831 of the laws of 1981, is amended to read as
follows:
(c) Claims of representatives for services rendered to a claimant in
connection with any claim arising under this article shall not be
enforceable unless approved by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of this subdivision.
In approving any fee requested by a representative pursuant to this
section, the appeal board shall consider the following factors: (i) the
total benefit allowed; (ii) the time spent in providing representation;
(iii) the legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
S 40. Subdivision 4 of section 597 of the labor law, as amended by
chapter 61 of the laws of 1998, is amended to read as follows:
4. Effect of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or a decision by a
referee, the appeal board, or a court results in a decrease or denial of
benefits previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall not
affect the rights to any benefits already paid under the authority of
S. 3380--B 17
the prior determination or decision provided they were accepted by the
claimant in good faith and the claimant did not make any false statement
or representation and did not wilfully conceal any pertinent fact in
connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS
PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
law relating to the self-employment assistance program and other
matters, as amended by chapter 457 of the laws of 2015, is amended to
read as follows:
S 10. This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2017] 2019
when upon such date the provisions of such sections shall be deemed
repealed.
S 42. The opening paragraph of paragraph (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
The term "employment" [does not include] INCLUDES agricultural labor
[unless it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
S 43. Section 564 of the labor law, as added by chapter 675 of the
laws of 1977, is amended to read as follows:
S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith-
standing the provisions of section five hundred sixty of this article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
(1) has paid cash remuneration of twenty thousand dollars or more in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or
(2) has employed in agricultural labor ten or more persons on each of
twenty days during a calendar year or the preceding calendar year, each
day being in a different calendar week, and the liability shall in such
event commence on the first day of the calendar year, or
(3) is liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration for agricultural labor in this
state.
(b) An employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day of
a calendar quarter next following the filing of a written application
provided the commissioner finds that the employer:
(1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight calendar
quarters preceding such day, and
(2) has not employed in agricultural labor ten or more persons on each
of twenty days during the current or the preceding calendar year, each
day being in a different week, and
(3) is not liable for the tax imposed under the federal unemployment
tax act as an employer of agricultural labor.
2. Crew leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform services
in agricultural labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the employer of such
person, unless:
S. 3380--B 18
[(a)] 1. the crew leader holds a valid certificate of registration
under the federal farm labor contractor registration act of nineteen
hundred sixty-three or substantially all the members of the crew operate
or maintain tractors, mechanized harvesting or cropdusting machinery or
any other mechanized equipment which is provided by the crew leader, and
[(b)] 2. the crew leader is not an employee of such other employer and
has not entered into a written agreement with such employer under which
he is designated as an employee.
S 44. Section 592 of the labor law, as amended by chapter 415 of the
laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
2010, is amended to read as follows:
S 592. [Suspension of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant shall
be suspended during a period of seven consecutive weeks beginning with
the day after such claimant lost his or her employment because of a
strike or other industrial controversy except for lockouts, including
concerted activity not authorized or sanctioned by the recognized or
certified bargaining agent of the claimant, and other concerted activity
conducted in violation of any existing collective bargaining agreement,
in the establishment in which he or she was employed, except that bene-
fit rights may be accumulated before the expiration of such seven weeks
beginning with the day after such strike or other industrial controversy
was terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employ-
ee's position. A replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be able
to return to his or her prior position upon conclusion of the strike, in
the event the strike terminates prior to the conclusion of the employ-
ee's eligibility for benefit rights under this chapter. In the event the
employer does not permit such return after such certification, the
employee shall be entitled to recover any benefits lost as a result of
the seven week suspension of benefits, and the department may impose a
penalty upon the employer of up to seven hundred fifty dollars per
employee per week of benefits lost. The penalty collected shall be paid
into the unemployment insurance control fund established pursuant to
section five hundred fifty-two-b of this article; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial
controversy that caused his or her unemployment and is not participating
in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy
that caused his or her unemployment and is not participating in the
industrial controversy.
2.] Concurrent payments prohibited. No days of total unemployment
shall be deemed to occur in any week with respect to which or a part of
which a claimant has received or is seeking unemployment benefits under
an unemployment compensation law of any other state or of the United
States, provided that this provision shall not apply if the appropriate
agency of such other state or of the United States finally determines
that he is not entitled to such unemployment benefits.
[3. Terms of suspension. No waiting period may be served during a
suspension period.
The suspension of accumulation of benefit rights shall not be termi-
nated by subsequent employment of the claimant irrespective of when the
S. 3380--B 19
claim is filed except as provided in subdivision one and shall not be
confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven
consecutive calendar days.]
S 45. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 591 of the labor law made by
section twelve of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 10 of chapter 413 of the
laws of 2003, as amended, when upon such date the provisions of section
thirteen of this act shall take effect; provided, further, that the
amendment to section 591-a of the labor law made by section fourteen of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.
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