Senate Bill S8309

2019-2020 Legislative Session

Relates to disqualification from receiving unemployment benefits when the claimant's employer maintained or refused or failed to cure a health or safety condition that made the environment unsuitable

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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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2019-S8309 (ACTIVE) - Details

See Assembly Version of this Bill:
A10468
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:
2021-2022: S731, A2115
2023-2024: S5647

2019-S8309 (ACTIVE) - Summary

Relates to disqualification from receiving benefits for separation from employment in cases where the claimant's employer maintained or refused to cure a health or safety condition that made the environment unsuitable.

2019-S8309 (ACTIVE) - Sponsor Memo

2019-S8309 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8309
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RAMOS -- 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  disqualification  from
   receiving  benefits  for separation from employment in cases where the
   claimant's employer maintained or refused or failed to cure  a  health
   or safety condition that made the environment unsuitable

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 593 of the labor law is amended by
 adding a new paragraph (d) to read as follows:
   (D) A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING  BENEFITS  FOR
 SEPARATION  FROM EMPLOYMENT WHERE THE CLAIMANT HAS LEFT THEIR EMPLOYMENT
 BECAUSE THE EMPLOYER MAINTAINED OR REFUSED OR FAILED TO CURE A HEALTH OR
 SAFETY CONDITION THAT MADE THE ENVIRONMENT UNSUITABLE. THE CLAIMANT  HAS
 PROVIDED  SUFFICIENT  NOTIFICATION  OF  THE UNSUITABLE CONDITION IF THEY
 NOTIFIED THE EMPLOYER, IF ANOTHER EMPLOYEE NOTIFIED THE EMPLOYER, OR  IF
 THE  EMPLOYER  HAD  OR SHOULD HAVE HAD REASON TO KNOW THAT THE CONDITION
 MADE THE WORK ENVIRONMENT UNSUITABLE. IT IS SUFFICIENT BUT NOT NECESSARY
 TO SHOW UNSUITABILITY THAT THE WORKING CONDITIONS WERE INCONSISTENT WITH
 LAWS, RULES, POLICIES, ORDERS, OR GUIDANCE OF ANY GOVERNMENTAL AGENCY ON
 SUITABLE WORKING CONDITIONS.
   § 2. Paragraph (e) of subdivision 2 of section 593 of the  labor  law,
 as  amended  by  chapter  35  of the laws of 2009, is amended to read as
 follows:
   (e) the claimant is seeking part-time work as provided in  subdivision
 five  of  section five hundred ninety-six of this title and the offer of
 employment is not comparable to his or her part-time work as defined  in
 such subdivision; OR
   (F) THE OFFER IS TO WORK UNDER CONDITIONS THAT ARE UNSUITABLE, INCLUD-
 ING CONDITIONS THAT ARE INCONSISTENT WITH LAWS, RULES, POLICIES, ORDERS,
 OR GUIDANCE OF ANY GOVERNMENTAL AGENCY ON SUITABLE WORKING CONDITIONS.
   §  3.  Subdivision  3  of  section 593 of the labor law, as amended by
 section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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