S T A T E O F N E W Y O R K
________________________________________________________________________
6076
2015-2016 Regular Sessions
I N S E N A T E
October 27, 2015
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to referees' hearings relat-
ing to unemployment insurance benefits involving the commercial goods
transportation industry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 620 of the labor
law, as amended by chapter 554 of the laws of 2010, is amended to read
as follows:
(b) When the initial determination of a claim for benefits, upon which
a hearing has been requested, involves the question whether any person
is or was an employer within the meaning of this article and is or was
liable for the payment of contributions under this article, or the ques-
tion whether an employer has fully complied with the obligations imposed
by this article, written notice of the hearing shall be given to such
persons or employer, either personally or by mail, and thereupon he, she
or such employer shall be deemed a party to the proceeding, entitled to
be heard. Upon such notice having been given, the referee may then
decide such question or questions and any other issue related thereto,
and, EXCEPT FOR CASES INVOLVING THE COMMERCIAL GOODS TRANSPORTATION
INDUSTRY, AS DEFINED IN ARTICLE TWENTY-FIVE-C OF THIS CHAPTER, his or
her decision shall not be deemed limited in its effect to the immediate
claimant making the claim for benefits but shall be deemed a general
determination of such questions with respect to all those employed by
such person or employer FOR ALL OF THE PURPOSES OF THIS ARTICLE,
PROVIDED THAT THE FACTS AND CIRCUMSTANCES OF THE OTHERS TO WHOM THE
DETERMINATION SHALL APPLY ARE THE SAME FACTS AND CIRCUMSTANCES AS THOSE
IN THE CLAIM BROUGHT BY THE CLAIMANT, for all the purposes of this arti-
cle[, and such]. SUCH decision shall be conclusive and binding upon the
claimant and such person or employer, subject, however, to the right to
appeal hereinafter provided.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13074-02-5