Assembly Bill A398A

2023-2024 Legislative Session

Relates to notice of eligibility for unemployment benefits

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Current Bill Status - Passed Senate & Assembly

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

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Bill Amendments

2023-A398 - Details

See Senate Version of this Bill:
S4878
Law Section:
Labor Law
Laws Affected:
Amd §590, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A398, S4878

2023-A398 - Summary

Relates to notice of eligibility for unemployment benefits; requires an employer to provide a written notice of the right to file for unemployment benefits to any employee whose employment has been terminated or whose scheduled working hours have been reduced.

2023-A398 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    398
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to notice of eligibility  for
   unemployment benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 590 of the labor law is amended  by  adding  a  new
 subdivision 2 to read as follows:
   2.  NOTICE  OF  ELIGIBILITY.  ANY  WRITTEN NOTICE PROVIDED PURSUANT TO
 SUBDIVISION SIX OF SECTION ONE HUNDRED NINETY-FIVE OF  THIS  CHAPTER  TO
 ANY  EMPLOYEE  WHOSE  EMPLOYMENT  HAS BEEN TERMINATED OR WHOSE SCHEDULED
 WORKING HOURS HAVE BEEN REDUCED SHALL INCLUDE WRITTEN NOTICE  THAT  SUCH
 EMPLOYEE MAY BE ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE AND INFORMATION
 ABOUT  APPLYING  FOR SUCH BENEFITS.  THE WRITTEN NOTICE REQUIRED BY THIS
 SUBDIVISION WILL NOT BE REQUIRED IF SUCH EMPLOYEE IS ELIGIBLE FOR OR HAS
 SUBMITTED A REQUEST FOR LEAVE-OF-ABSENCE,  VACATION  LEAVE,  BEREAVEMENT
 LEAVE,  PARENTAL  LEAVE,  PERSONAL  LEAVE,  OR ANY OTHER FORM OF PAID OR
 UNPAID LEAVE ESTABLISHED BY THE EMPLOYER OR  DOCUMENTED  IN  WRITING  OR
 SUBMITTED ONLINE.
   §  2. Subdivision 6 of section 195 of the labor law, as added by chap-
 ter 524 of the laws of 1989, is amended to read as follows:
   6. notify any employee terminated from employment OR  WHOSE  SCHEDULED
 WORKING  HOURS  HAVE BEEN REDUCED, in writing, of the exact date of such
 termination OR REDUCTION IN SCHEDULED WORKING HOURS as well as the exact
 date of cancellation of employee benefits  connected  with  such  termi-
 nation  OR  REDUCTION.  SUCH NOTICE SHALL ALSO INCLUDE INFORMATION ABOUT
 UNEMPLOYMENT BENEFITS UNDER ARTICLE EIGHTEEN OF THIS CHAPTER  FOR  WHICH
 SUCH  EMPLOYEE  MAY  BE  ELIGIBLE  IN ACCORDANCE WITH SUBDIVISION TWO OF
 SECTION FIVE HUNDRED NINETY OF THIS CHAPTER. In no case shall notice  of
 such  termination  OR  REDUCTION be provided more than five working days
 after the date of such termination OR REDUCTION. Failure  to  notify  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01131-01-3

2023-A398A (ACTIVE) - Details

See Senate Version of this Bill:
S4878
Law Section:
Labor Law
Laws Affected:
Amd §590, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A398, S4878

2023-A398A (ACTIVE) - Summary

Relates to notice of eligibility for unemployment benefits; requires an employer to provide a written notice of the right to file for unemployment benefits to any employee whose employment has been terminated or whose scheduled working hours have been reduced.

2023-A398A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  398--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee 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 notice of eligibility for
   unemployment benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  590  of the labor law is amended by adding a new
 subdivision 2 to read as follows:
   2. NOTICE  OF  ELIGIBILITY  UPON  SEPARATION  FROM  EMPLOYMENT.  EVERY
 EMPLOYER  LIABLE  UNDER THIS ARTICLE FOR CONTRIBUTIONS SHALL INFORM EACH
 EMPLOYEE OF THEIR RIGHT TO FILE AN APPLICATION FOR UNEMPLOYMENT BENEFITS
 WITH THE DEPARTMENT. SUCH INFORMATION SHALL BE GIVEN AT THE TIME OF EACH
 PERMANENT OR INDEFINITE SEPARATION FROM EMPLOYMENT, REDUCTION IN  HOURS,
 TEMPORARY SEPARATION, AND ANY OTHER INTERRUPTION OF CONTINUED EMPLOYMENT
 THAT  RESULTS  IN  TOTAL  OR  PARTIAL UNEMPLOYMENT. SUCH NOTICE SHALL BE
 GIVEN IN  WRITING ON A FORM FURNISHED OR APPROVED BY THE DEPARTMENT  AND
 SHALL INCLUDE:
   (A) THE EMPLOYER'S NAME AND REGISTRATION NUMBER;
   (B)  THE  ADDRESS  OF THE EMPLOYER TO WHICH A REQUEST FOR REMUNERATION
 AND EMPLOYMENT  INFORMATION  WITH  RESPECT  TO  SUCH  EMPLOYEE  MUST  BE
 DIRECTED; AND
   (C) SUCH OTHER INFORMATION AS IS REQUIRED BY THE COMMISSIONER.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01131-02-3

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