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Senate Bill S8231A

2019-2020 Legislative Session

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges

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Archive: Last Bill Status - In Senate Committee Labor Committee

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Bill Amendments

co-Sponsors

2019-S8231 - Details

See Assembly Version of this Bill:
A10297
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §581-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S1197, A2001

2019-S8231 - Summary

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

2019-S8231 - Sponsor Memo

2019-S8231 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8231
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 prohibiting the  inclusion
   of  claims  for  unemployment insurance arising from the closure of an
   employer due to COVID-19 from being included in such employer's  expe-
   rience rating charges

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 581 of the  labor
 law is amended by adding a new subparagraph 7 to read as follows:
   (7)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, ALL EMPLOYERS WHOSE
 EMPLOYEES RECEIVE PAYMENTS UNDER THIS ARTICLE AND WHOSE CLAIMS FOR UNEM-
 PLOYMENT INSURANCE ARISE DUE TO THE CLOSURE OF AN EMPLOYER FOR A  REASON
 RELATED TO NOVEL CORONAVIRUS, COVID-19, OR DUE TO A MANDATORY ORDER OF A
 GOVERNMENT  ENTITY  DULY  AUTHORIZED  TO  ISSUE SUCH ORDER TO CLOSE SUCH
 EMPLOYER, ON OR AFTER MARCH TWELFTH, TWO THOUSAND TWENTY SHALL NOT  HAVE
 INCLUDED  IN  THEIR  EXPERIENCE  RATING  CHARGES  THE AMOUNTS SO PAID ON
 ACCOUNT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16077-02-0

co-Sponsors

2019-S8231A (ACTIVE) - Details

See Assembly Version of this Bill:
A10297
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §581-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S1197, A2001

2019-S8231A (ACTIVE) - Summary

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

2019-S8231A (ACTIVE) - Sponsor Memo

2019-S8231A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8231--A
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sens. CARLUCCI, BOYLE, BROOKS, GAUGHRAN, HOYLMAN, KAPLAN,
   LITTLE, METZGER, MONTGOMERY, RANZENHOFER, THOMAS  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the labor law, in relation to prohibiting the inclusion
   of claims for unemployment insurance arising from the  closure  of  an
   employer  due to COVID-19 from being included in such employer's expe-
   rience rating charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 581-a of the labor law, as amended
 by chapter 617 of the laws of 1977, is amended to read as follows:
   3.  NOTWITHSTANDING  THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE
 OF THIS TITLE TO THE CONTRARY,  ANY  EMPLOYER  WHOSE  EMPLOYEES  RECEIVE
 PAYMENTS  UNDER THIS ARTICLE AND WHOSE CLAIMS FOR UNEMPLOYMENT INSURANCE
 ARISE DUE TO THE CLOSURE OF THE EMPLOYER OR A REDUCTION IN THE WORKFORCE
 OF THE EMPLOYER FOR REASONS RELATED TO NOVEL CORONAVIRUS,  COVID-19,  OR
 DUE TO A MANDATORY ORDER OF A GOVERNMENT ENTITY DULY AUTHORIZED TO ISSUE
 SUCH  ORDER TO CLOSE SUCH EMPLOYER, ON OR AFTER MARCH TWELFTH, TWO THOU-
 SAND TWENTY SHALL NOT HAVE INCLUDED IN THEIR EXPERIENCE  RATING  CHARGES
 THE AMOUNTS SO PAID TO THE EMPLOYEES FROM THE FUND.
   4.  The  provisions  of this section shall apply to an employer liable
 for payments in lieu of contributions, but if the secretary of labor  of
 the United States finds that their application to such employer does not
 meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
 provisions shall be inoperative with respect to  such  employer,  unless
 and  until  such finding has been set aside pursuant to a final decision
 issued in accordance with such judicial review  proceedings  as  may  be
 instituted  and  completed  under the provisions of section thirty-three
 hundred ten of the Federal Unemployment Tax Act.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16077-04-0

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