Senate Bill S7310

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2019-S7310 (ACTIVE) - Details

See Assembly Version of this Bill:
A9136
Law Section:
Labor Law
Laws Affected:
Amd §592, Lab L (as proposed in S.4573 & A.6592)

2019-S7310 (ACTIVE) - Summary

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

2019-S7310 (ACTIVE) - Sponsor Memo

2019-S7310 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7310
 
                             I N  S E N A T E
 
                             January 17, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to increasing 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, as
 amended by a chapter of the laws of 2019 amending the labor law relating
 to decreasing the length of the suspension period applicable to  certain
 striking  workers who seek to obtain unemployment insurance benefits, as
 proposed in legislative bills numbers S.4573 and A.6592, 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 [one week] TWO CONSEC-
 UTIVE WEEKS 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 [one] TWO 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
 the [one] TWO week suspension of benefits, and the department may impose
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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