Assembly Actions -
Senate Actions - UPPERCASE
|Mar 16, 2022||
referred to labor
Assembly Bill A9540
2021-2022 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-A9540 (ACTIVE) - Details
2021-A9540 (ACTIVE) - Summary
Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from two consecutive weeks to one week; permits the waiting period to be served during a suspension period.
2021-A9540 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9540 I N A S S E M B L Y March 16, 2022 ___________ Introduced by M. of A. WALLACE -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to decreasing 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 chapter 20 of the laws of 2020, 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 [two consecutive weeks] ONE WEEK 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 [two] ONE 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 [two] ONE week suspension of benefits, and the department may impose a penalty upon the employer of up to seven hundred fifty dollars per employee per week of benefits lost. The penalty collected shall be paid EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14306-01-2
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