NY State Senate Bill 2017-S2925

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Jan 18, 2017	referred to labor

co-Sponsors

2017-S2925 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S357
2015-2016: S81

2017-S2925 (ACTIVE) - Summary

Relates to the refusal to work and the disqualification of benefits.

2017-S2925 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2925

 TITLE OF BILL :  An act to amend the labor law, in relation to
disqualification for benefits and refusal of employment

 PURPOSE :

This act would require a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than the
wage such claimant received in his or her high calendar quarter of the
base period.

 SUMMARY OF PROVISIONS :

Section 1. Requires a claimant of unemployment to accept any
employment proffered that such claimant is capable of performing,
provided that this employment would result in a wage not less than the
wage such claimant received in his or her high calendar quarter of the
base period. Claimants are provided with the ability to refuse such
employment with good cause if the hours or working conditions offered
are substantively less favorable to the claimant than those prevailing
for similar work in the locality, or are such that tend to depress
working conditions.

Section 2. Contains the effective date.

 EXISTING LAW :

A claimant may turn down employment that is equal to or greater than
eighty percent of the wage such claimant received in his or her high
calendar quarter of the base period if such wage is substantially less
than the prevailing wage for similar work in the locality.

 JUSTIFICATION :

An employee that has been laid off currently can refuse to return to a
job he/she previously held at the same wage he/she previously earned
because he/she is being offered a wage less than the prevailing wage.
The prevailing wage does not take into account experience, but solely
the job description, creating a situation in which entry-level
employees can refuse to return to employment unless they are offered a
wage more appropriate to someone with significant experience. This
dynamic keeps workers from returning to the workforce, increasing the
cost of unemployment insurance on businesses.

 LEGISLATIVE HISTORY :

2015-16: S.81 Referred to Labor
2013-14: S.357-A Referred to Labor

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2925 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2925
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sens. GALLIVAN, YOUNG -- 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 disqualification for bene-
   fits and refusal of employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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  of total unemployment shall be
 deemed to occur beginning with the day on 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 SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES  RECEIVED
 IN  THE  BASE  PERIOD;  OR  WOULD  RESULT  IN A WAGE GREATER 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 without
 good cause nor shall it disqualify any claimant  otherwise  eligible  to
 receive benefits if:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00344-01-7

 S. 2925                             2
 
   (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; OR
   (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 AND COMPENSATION ARE  LESS  THAN  SUCH  CLAIMANT'S  HIGH
 CALENDAR  QUARTER  WAGES AND COMPENSATION RECEIVED, the wages or compen-
 sation [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  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 WORKING CONDITIONS; or
   [(e)] (F) the claimant is seeking part-time work as provided in subdi-
 vision  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.
   § 2. This act shall take effect immediately.

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Senate Bill S2925

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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co-Sponsors

2017-S2925 (ACTIVE) - Details

2017-S2925 (ACTIVE) - Summary

2017-S2925 (ACTIVE) - Sponsor Memo

2017-S2925 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

Catharine Young

2017-S2925 (ACTIVE) - Details

2017-S2925 (ACTIVE) - Summary

2017-S2925 (ACTIVE) - Sponsor Memo

2017-S2925 (ACTIVE) - Bill Text download pdf

Comments