Assembly Bill A1340

2017-2018 Legislative Session

Enacts the "adjunct professors' unemployment insurance fairness act"

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2017-A1340 (ACTIVE) - Details

See Senate Version of this Bill:
S3500
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §590, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2418
2013-2014: A3523, A5297, S6923
2015-2016: A45, S2178

2017-A1340 (ACTIVE) - Summary

Enacts the "adjunct professors' unemployment insurance fairness act"; provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.

2017-A1340 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1340
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. ROZIC, JENNE -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in  relation  to  enacting  the  "adjunct
   professors' unemployment insurance fairness act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "adjunct
 professors' unemployment insurance fairness act".
   §  2.  Subdivision  10  of  section 590 of the labor law is amended by
 adding a new paragraph (d) to read as follows:
   (D) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH  AMERI-
 CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
 IN  A  PRINCIPAL,  ADMINISTRATIVE,  RESEARCH OR INSTRUCTIONAL CAPACITY A
 PERSON IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER  THAT
 IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
 EMPLOYER'S  BURDEN  TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME THIS
 PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON  A  CASE-BY-CASE
 BASIS  BY  THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY
 ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF  AN
 OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
 PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
 TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
 TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE  TO  BE
 USED TO DENY A CLAIM FOR UNEMPLOYMENT.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00404-01-7

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