S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10297--A
 
                           I N  A S S E M B L Y
 
                              April 15, 2020
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, McDONALD,
   THIELE,  JAFFEE,  LUPARDO,  BUCHWALD,  GALEF,  GRIFFIN, McMAHON, OTIS,
   DICKENS, STIRPE, WRIGHT, GOODELL, PAULIN -- Multi-Sponsored by  --  M.
   of A.  SCHIMMINGER -- read once and referred to the Committee on Labor
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the labor law, in relation to prohibiting the  inclusion
   of  claims  for  unemployment insurance arising from the closure of an
   employer due to COVID-19 from being included in such employer's  expe-
   rience rating charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 581-a of the labor law, as amended
 by chapter 617 of the laws of 1977, is amended to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE  HUNDRED  EIGHTY-ONE
 OF  THIS  TITLE  TO  THE  CONTRARY, ANY EMPLOYER WHOSE EMPLOYEES RECEIVE
 PAYMENTS UNDER THIS ARTICLE AND WHOSE CLAIMS FOR UNEMPLOYMENT  INSURANCE
 ARISE DUE TO THE CLOSURE OF THE EMPLOYER OR A REDUCTION IN THE WORKFORCE
 OF  THE  EMPLOYER FOR REASONS RELATED TO NOVEL CORONAVIRUS, COVID-19, OR
 DUE TO A MANDATORY ORDER OF A GOVERNMENT ENTITY DULY AUTHORIZED TO ISSUE
 SUCH ORDER TO CLOSE SUCH EMPLOYER, ON OR AFTER MARCH TWELFTH, TWO  THOU-
 SAND  TWENTY  SHALL NOT HAVE INCLUDED IN THEIR EXPERIENCE RATING CHARGES
 THE AMOUNTS SO PAID TO THE EMPLOYEES FROM THE FUND.
   4. 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
 instituted and completed under the provisions  of  section  thirty-three
 hundred ten of the Federal Unemployment Tax Act.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16077-03-0