S T A T E O F N E W Y O R K
________________________________________________________________________
2115
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. DINOWITZ,
GLICK, REYES, SEAWRIGHT -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01177-01-1
A. 2115 2
(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:
3. Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in connection with
his or her employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to ten times his or her
weekly benefit rate. A CLAIMANT WHO WAS FIRED BECAUSE THEY DID NOT
REPORT TO WORK OR LEFT WORK BEFORE THE END OF THEIR SCHEDULED SHIFT OR
REFUSED TO PERFORM AN ASSIGNED TASK, IN RESPONSE TO THE EMPLOYER REFUS-
ING OR FAILING TO CURE A HEALTH OR SAFETY CONDITION THAT MADE THE ENVI-
RONMENT UNSUITABLE, HAS NOT LOST THEIR EMPLOYMENT DUE TO MISCONDUCT.
SUCH CLAIMANT HAS ALSO NOT QUIT THEIR JOB VOLUNTARILY AND WITHOUT GOOD
CAUSE. THE CLAIMANT 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 SUFFI-
CIENT BUT NOT NECESSARY TO SHOW UNSUITABILITY THAT THE WORKING CONDI-
TIONS WERE INCONSISTENT WITH LAWS, RULES, POLICIES, ORDERS, OR GUIDANCE
OF ANY GOVERNMENTAL AGENCY ON SUITABLE WORKING CONDITIONS.
§ 4. This act shall take effect immediately.