S T A T E O F N E W Y O R K
________________________________________________________________________
5902
2017-2018 Regular Sessions
I N A S S E M B L Y
February 17, 2017
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Introduced by M. of A. ERRIGO -- Multi-Sponsored by -- M. of A. HAWLEY
-- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to computation of contrib-
utions to the unemployment insurance fund; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 581-e to
read as follows:
§ 581-E. RATES OF CONTRIBUTIONS TO FUND WELFARE-TO-WORK. 1. NOTWITH-
STANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS ARTI-
CLE TO THE CONTRARY, ANY EMPLOYER WHOSE EMPLOYEE RECEIVED BENEFITS AS A
CLAIMANT UNDER THIS ARTICLE SHALL NOT HAVE INCLUDED IN THEIR EXPERIENCE
RATING CHARGES THE AMOUNT SO PAID TO THE EMPLOYEE FROM THE FUND IF THE
CLAIMANT TO WHOM THOSE BENEFITS WERE PAID WAS:
(A) A PRIMARY WAGE EARNER WHO WAS A RECIPIENT OF PUBLIC ASSISTANCE
UNDER A NEW YORK PUBLIC ASSISTANCE PROGRAM IN THE SIX MONTH PERIOD
COMMENCING FROM THE TIME WAGES WERE FIRST PAID BY THAT EMPLOYER;
(B) PAID WAGES BY THAT EMPLOYER FOR NO MORE THAN SIX MONTHS; AND
(C) PAID WAGES BY THAT EMPLOYER OF LESS THAN FIVE THOUSAND DOLLARS.
2. THE COMMISSIONER SHALL BY REGULATION ESTABLISH STANDARDS FOR APPLI-
CATION BY EMPLOYERS FOR PERMISSION TO EXCLUDE SUCH PAYMENT AND THE
PROVISIONS OF SUBDIVISION SIX OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS
ARTICLE SHALL NOT APPLY HERETO.
3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AN EMPLOYER LIABLE
FOR PAYMENTS IN LIEU OF CONTRIBUTIONS, BUT IF THE SECRETARY OF LABOR OF
THE UNITED STATES FINDS THAT THEIR APPLICATION TO SUCH EMPLOYER DOES NOT
MEET THE REQUIREMENTS OF THE FEDERAL UNEMPLOYMENT TAX ACT, SUCH
PROVISIONS SHALL BE INOPERATIVE WITH RESPECT TO SUCH EMPLOYER, UNLESS
AND UNTIL SUCH FINDING HAS BEEN SET ASIDE PURSUANT TO A FINAL DECISION
ISSUED IN ACCORDANCE WITH SUCH JUDICIAL REVIEW PROCEEDINGS AS MAY BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09059-01-7
A. 5902 2
INSTITUTED AND COMPLETED UNDER THE PROVISIONS OF SECTION THIRTY-THREE
HUNDRED TEN OF THE FEDERAL UNEMPLOYMENT TAX ACT.
4. IF THE COMMISSIONER FINDS THAT AN EMPLOYER DISCHARGED THE CLAIMANT,
OR ENGAGED IN THE EMPLOYMENT PRACTICE OF DISCHARGING WORKERS, IN ORDER
TO MEET THE REQUIREMENTS OF PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF
THIS SECTION, THEN THE PROVISIONS OF THIS SECTION SHALL NOT APPLY.
FURTHERMORE, IF THE EMPLOYER ACTS IN THE AFOREMENTIONED MANNER, SUCH
ACTION SHALL CONSTITUTE A VIOLATION OF THIS SECTION AND SHALL SUBJECT
THE EMPLOYER TO THE PENALTIES SET FORTH IN SECTION TWO HUNDRED THIRTEEN
OF THIS CHAPTER.
§ 2. The commissioner of labor, in consultation with the commissioner
of the office of temporary and disability assistance, shall examine and
assess the effectiveness of this act on facilitating the entry of public
assistance recipients into the private sector work force. Such commis-
sioners, shall submit a joint report to the governor; temporary presi-
dent of the senate; speaker of the assembly; minority leader of the
assembly; and the minority leader of the senate, by January 1, 2021
detailing findings, conclusions and recommendations regarding this act.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that section one of this act shall expire January 1, 2022 when upon such
date the provisions of such section shall be deemed repealed.