Senate Bill S5091

2017-2018 Legislative Session

Provides that an employer shall not be liable for unemployment benefits for an employee who voluntarily leaves employment

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance 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-S5091 (ACTIVE) - Details

See Assembly Version of this Bill:
A2844
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §581, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2866
2011-2012: A6517
2013-2014: A1553
2015-2016: A523
2019-2020: S327, A1004
2021-2022: S1900

2017-S5091 (ACTIVE) - Summary

Provides that an employer's account for unemployment insurance coverage shall not be charged when an employee quits without good cause, regardless of whether the former employee has filed and been disqualified for benefits and later files and qualifies for unemployment insurance based on subsequent employment.

2017-S5091 (ACTIVE) - Sponsor Memo

2017-S5091 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5091
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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 limiting the liability  of
   certain employers for unemployment insurance coverage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 581 of the  labor
 law is amended by adding a new subparagraph 2-a to read as follows:
   (2-A)  AN  EMPLOYER'S  ACCOUNT  SHALL  NOT BE CHARGED, AND THE CHARGES
 SHALL INSTEAD BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS  PAID  TO  AN
 EMPLOYEE  WHO  VOLUNTARILY SEPARATED FROM EMPLOYMENT AND THE CHARGES ARE
 ATTRIBUTABLE TO WEEKS OF THE CLAIMANT'S BASE PERIOD OF  EMPLOYMENT  WITH
 SUCH  EMPLOYER  PRIOR  TO THE EMPLOYEE'S VOLUNTARY SEPARATION OF EMPLOY-
 MENT.
   § 2. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
 of the labor law, as amended by section 6 of part O of chapter 57 of the
 laws of 2013, is amended to read as follows:
   (3)  An employer's account shall not be charged, and the charges shall
 instead be made to the general account, for benefits paid to a  claimant
 after  the  expiration  of  a  period  of disqualification from benefits
 following a final determination that the claimant lost  employment  with
 the  employer  through misconduct [or voluntary separation of employment
 without good cause within the meaning of section  five  hundred  ninety-
 three  of this article] and the charges are attributable to remuneration
 paid during the claimant's base period of employment with such  employer
 prior  to  the  claimant's loss of employment with such employer through
 misconduct [or voluntary separation of employment without  good  cause],
 provided,  however,  that  an  employer shall not be relieved of charges
 pursuant to this subparagraph if an  employer  or  its  agent  fails  to
 submit  information resulting in an overpayment pursuant to section five
 hundred ninety-seven of this article.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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