assembly Bill A9136

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

Current Bill Status Via S7310 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 06, 2020 signed chap.20
delivered to governor
Feb 04, 2020 returned to senate
passed assembly
ordered to third reading rules cal.10
substituted for a9136
Feb 04, 2020 substituted by s7310
rules report cal.10
reported
reported referred to rules
Jan 28, 2020 reported referred to ways and means
Jan 22, 2020 referred to labor

Co-Sponsors

A9136 (ACTIVE) - Details

See Senate Version of this Bill:
S7310
Law Section:
Labor Law
Laws Affected:
Amd §592, Lab L (as proposed in S.4573 & A.6592)

A9136 (ACTIVE) - Summary

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

A9136 (ACTIVE) - Bill Text download pdf


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

                                  9136

                          I N  A S S E M B L Y

                            January 22, 2020
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Labor

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