senate Bill S4573

2019-2020 Legislative Session

Relates to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits

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Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.645
substituted for a6592
May 01, 2019 referred to labor
delivered to assembly
passed senate
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.447
Mar 15, 2019 referred to labor

Co-Sponsors

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S4573 (ACTIVE) - Details

See Assembly Version of this Bill:
A6592
Law Section:
Labor Law
Laws Affected:
Amd §592, Lab L

S4573 (ACTIVE) - Summary

Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from seven consecutive weeks to seven consecutive calendar days; and permits the waiting period to be served during a suspension period.

S4573 (ACTIVE) - Sponsor Memo

S4573 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4573

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by  Sen. KENNEDY -- 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 decreasing the  length  of
  the  suspension period applicable to certain striking workers who seek
  to obtain unemployment insurance benefits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  1  and  3  of section 592 of the labor law,
subdivision 1 as amended by chapter 177 of the laws of 2010 and subdivi-
sion 3 as amended by chapter 415 of the laws of  1983,  are  amended  to
read as follows:
  1. Industrial controversy. (a) The accumulation of benefit rights by a
claimant shall be suspended during a period of [seven consecutive weeks]
ONE  WEEK  beginning  with  the  day after such claimant lost his or her
employment because of a strike or other  industrial  controversy  except
for  lockouts, including concerted activity not authorized or sanctioned
by the recognized or certified bargaining agent  of  the  claimant,  and
other  concerted activity conducted in violation of any existing collec-
tive bargaining agreement, in the establishment in which he or  she  was
employed, except that benefit rights may be accumulated before the expi-
ration  of  such  [seven  weeks]  ONE WEEK PERIOD beginning with the day
after such strike or other industrial controversy was terminated.
  (b) Benefits shall not be suspended under this section if:
  (i) The employer hires a permanent replacement worker for the  employ-
ee's  position.  A  replacement worker shall be presumed to be permanent
unless the employer certifies in writing that the employee will be  able
to return to his or her prior position upon conclusion of the strike, in
the  event  the strike terminates prior to the conclusion of the employ-
ee's eligibility for benefit rights under this chapter. In the event the
employer does not permit  such  return  after  such  certification,  the
employee  shall  be entitled to recover any benefits lost as a result of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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