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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2020 referred to labor

Co-Sponsors

S8309 (ACTIVE) - Details

See Assembly Version of this Bill:
A10468
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §593, Lab L

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.

S8309 (ACTIVE) - Sponsor Memo

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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