Assembly Bill A5426

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5426
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. GOODELL, GIGLIO, DiPIETRO, CROUCH, RA, BRABENEC,
   FRIEND, NORRIS, DeSTEFANO -- Multi-Sponsored by -- M. of  A.  BARCLAY,
   BLANKENBUSH, B. MILLER, MORINELLO, ORTIZ, STEC, WALSH -- read once and
   referred to the Committee on Labor
 
 AN  ACT  to  amend  the  labor  law,  in  relation to allowing claimants
   collecting unemployment to obtain part-time work without losing  their
   unemployment benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 590 of the labor law,  as  amended
 by chapter 645 of the laws of 1951, is amended to read as follows:
   1. Entitlement to benefits. A claimant shall be entitled to accumulate
 effective days for the purpose of benefit rights only if he has complied
 with  the  provisions of this article regarding the filing of his claim,
 including the filing of a valid original claim,  registered  as  totally
 unemployed  OR PARTIALLY EMPLOYED PURSUANT TO SECTION FIVE HUNDRED NINE-
 TY-A OF THIS TITLE, reported his subsequent employment and unemployment,
 and reported for work or otherwise given notice of  the  continuance  of
 his unemployment.
   § 2. The labor law is amended by adding a new section 590-a to read as
 follows:
   § 590-A. REDUCTIONS IN UNEMPLOYMENT BENEFITS DUE TO PART-TIME WORK. 1.
 ENTITLEMENT  TO  BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
 THE CONTRARY ANY CLAIMANT WHO ACCEPTS PART-TIME WORK SHALL  BE  ELIGIBLE
 TO  COLLECT  PARTIAL UNEMPLOYMENT PURSUANT TO THIS SECTION PROVIDED SUCH
 CLAIMANT MEETS THE CRITERIA OUTLINED IN THIS SECTION.
   2. REPORTING PART-TIME EMPLOYMENT.  A CLAIMANT COLLECTING UNEMPLOYMENT
 WHO IS PAID FOR PART-TIME EMPLOYMENT WHILE COLLECTING UNEMPLOYMENT SHALL
 BE REQUIRED TO REPORT DURING EACH COMPENSABLE PERIOD THE AMOUNT OF MONEY
 EARNED FROM SUCH PART-TIME WORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09022-01-9
              

 A. 5426                             2
 
   3. BENEFIT RATE. A CLAIMANT'S UNEMPLOYMENT BENEFIT SHALL BE REDUCED BY
 FIFTY PERCENT OF THE PART-TIME INCOME DURING A COMPENSABLE PERIOD, IN  A
 MANNER DETERMINED BY THE COMMISSIONER.
   4.  PENALTIES  FOR  FALSE  OR  INACCURATE REPORTING. THE PROVISIONS OF
 SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE SHALL  CONTROL  SHOULD  A
 CLAIMANT  INACCURATELY  REPORT OR FAIL TO REPORT THE AMOUNT OF PART-TIME
 WAGES EARNED DURING ANY COMPENSABLE PERIOD.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law provided, however that the commissioner of labor may
 promulgate any rules or regulations necessary for the implementation  of
 this act prior to such effective date.