NY State Senate Bill 2023-S4402A

Senate Bill S4402A

2023-2024 Legislative Session

Relates to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2024	reported and committed to finance
Mar 12, 2024	print number 4402a
Mar 12, 2024	amend and recommit to labor
Jan 03, 2024	referred to labor returned to senate died in assembly
Jun 01, 2023	referred to labor delivered to assembly passed senate
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1337
Feb 08, 2023	referred to labor

Votes

- Jun 1, 2023 - Floor Vote
  S4402A
  
  49
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2023
      
      aye (49)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (9)
      
      Borrello
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Tedisco
      
      Walczyk
      
      Weber
      
      excused (5)
      
      Ashby
      
      Cooney
      
      Felder
      
      Martins
      
      Weik
  Mar 20, 2024 - Labor Committee Vote
  S4402A
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Mar 20, 2024
      
      aye (12)
      
      Fernandez
      
      Gounardes
      
      Jackson
      
      Martins
      
      Mattera
      
      Mayer
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Skoufis
      
      aye wr (1)
      
      Oberacker
  May 23, 2023 - Labor Committee Vote
  S4402A
  
  10
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 23, 2023
      
      aye (10)
      
      Fernandez
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Skoufis
      
      nay (1)
      
      Oberacker
      
      aye wr (2)
      
      Martins
      
      Rhoads

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S4402 - Details

See Assembly Version of this Bill:: A1443
Current Committee:: Senate Finance
Law Section:: Labor Law
Laws Affected:: Amd §592, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4573, A6592
2021-2022: S8130, A9540

2023-S4402 - 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; provides that the waiting period and suspension period shall be served concurrently.

2023-S4402 - Sponsor Memo

                                 
BILL NUMBER: S4402

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill reduces the amount of time that workers on strike must wait
prior to receiving unemployment insurance benefits.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill reduces, from two consecutive weeks to one week,
the period during which the accumulation of unemployment benefit rights
is suspended for a claimant who loses their employment due to strike or
other industrial controversies, including concerted activity not author-
ized or sanctioned by the recognized or certified bargaining agent of
the claimant, and other concerted activity conducted in violation of any

existing collective bargaining agreement, in the establishment in which
the claimant was employed.  Section 1 also provides that the requisite
waiting period may be served concurrently with the suspension period.

Section 2 sets the effective date.

 
JUSTIFICATION:

Until February of 2020, striking workers in New York were required to
wait 7 weeks before collecting unemployment insurance benefits. While
New York has reduced the 49-day suspension period, unionized workers
still do not have parity when it comes to unemployment insurance bene-
fits, the current two-week suspension period is not imposed on other
unemployed individuals seeking UI benefits.

Requiring workers on strike to wait any additional amount of time beyond
what other Ul claimants experience before they are eligible to claim UI
benefits places an undue financial hardship on workers exercising their
legally guaranteed rights to organize, bargain collectively, and strike.
By aligning the amount of time that a UI benefits claimant on strike
must wait with the waiting period applicable to other claimants, the
financial hardship experienced by striking workers will be lessened.

Recently, a strike by nurses in the City of Buffalo lasted for over one
month, meaning nearly half of the strike period did not qualify for UI
benefits. This left striking workers at a disadvantage, forcing the
union to drain their strike fund and workers to risk missing mortgage or
rent payments. While the decrease in the suspension period has helped,
it still leaves workers at a disadvantage for the first two weeks of the
strike. In addition, any administrative delays in receiving their UI
benefits once they do qualify only increases the financial pain
inflicted on striking workers. By decreasing the suspension period to
one week, workers will have the financial security they need to put food
on the table and keep a roof over their head while fighting for the
wages, benefits, and working conditions they deserve.

 
PRIOR LEGISLATIVE HISTORY:
S8130/A9540 - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act takes effect immediately.

2023-S4402 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4402
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01295-01-3

 S. 4402                             2
 
 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
 into  the  unemployment  insurance  control fund established pursuant to
 section five hundred fifty-two-b of this article; or
   (ii) The commissioner determines that the claimant:
   (A)  is not employed by an employer that is involved in the industrial
 controversy that caused his or her unemployment and is not participating
 in the industrial controversy; or
   (B) is not in a bargaining unit involved in the industrial controversy
 that caused his or her unemployment and  is  not  participating  in  the
 industrial controversy.
   3. Terms of suspension. [No] THE waiting period may be served during a
 suspension period.
   The  suspension  of accumulation of benefit rights shall not be termi-
 nated by subsequent employment of the claimant irrespective of when  the
 claim  is  filed  except as provided in subdivision one and shall not be
 confined to a single benefit year.
   A "week" as used in subdivision one of this section  means  any  seven
 consecutive calendar days.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S4402A (ACTIVE) - Details

See Assembly Version of this Bill:: A1443
Current Committee:: Senate Finance
Law Section:: Labor Law
Laws Affected:: Amd §592, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4573, A6592
2021-2022: S8130, A9540

2023-S4402A (ACTIVE) - Summary

2023-S4402A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4402A

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill reduces the amount of time that workers on strike must wait
prior to receiving unemployment insurance benefits.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill reduces, from two consecutive weeks to one week,
the period during which the accumulation of unemployment benefit rights
is suspended for a claimant who loses their employment due to strike or
other industrial controversies, including concerted activity not author-
ized or sanctioned by the recognized or certified bargaining agent of
the claimant, and other concerted activity conducted in violation of any

existing collective bargaining agreement, in the establishment in which
the claimant was employed.

Section 1 also provides that the requisite waiting period shall be
served concurrently with the suspension period.

Section 2 sets the effective date.

 
JUSTIFICATION:

Until February of 2020, striking workers in New York were required to
wait 7 weeks before collecting unemployment insurance benefits. While
New York has reduced the 49-day suspension period, unionized workers
still do not have parity when it comes to unemployment insurance bene-
fits, the current two-week suspension period is not imposed on other
unemployed individuals seeking UI benefits.

Requiring workers on strike to wait any additional amount of time beyond
what other Ul claimants experience before they are eligible to claim UI
benefits places an undue financial hardship on workers exercising their
legally guaranteed rights to organize, bargain collectively, and strike.
By aligning the amount of time that a UI benefits claimant on strike
must wait with the waiting period applicable to other claimants, the
financial hardship experienced by striking workers will be lessened.

Recently, a strike by nurses in the City of Buffalo lasted for over one
month, meaning nearly half of the strike period did not qualify for UI
benefits. This left striking workers at a disadvantage, forcing the
union to drain their strike fund and workers to risk missing mortgage or
rent payments. While the decrease in the suspension period has helped,
it still leaves workers at a disadvantage for the first two weeks of the
strike. In addition, any administrative delays in receiving their UI
benefits once they do qualify only increases the financial pain
inflicted on striking workers. By decreasing the suspension period to
one week, workers will have the financial security they need to put food
on the table and keep a roof over their head while fighting for the
wages, benefits, and working conditions they deserve.
 
PRIOR LEGISLATIVE HISTORY:

S8130/A9540 - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act takes effect immediately.

2023-S4402A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4402--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, BRISPORT, BROUK, CLEARE, FERNAN-
   DEZ, GONZALEZ, HARCKHAM,  HINCHEY,  HOYLMAN-SIGAL,  JACKSON,  MATTERA,
   MURRAY,  MYRIE,  PALUMBO,  RAMOS, SALAZAR, SCARCELLA-SPANTON, SKOUFIS,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Labor -- recommitted to the Committee on
   Labor   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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]
 THEIR  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 claim-
 ant, and other concerted activity conducted in violation of any existing
 collective  bargaining  agreement,  in the establishment in which [he or
 she] SUCH CLAIMANT was employed, except that benefit rights may be accu-
 mulated before the expiration 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01295-02-4

 S. 4402--A                          2
 
 unless the employer certifies in writing that the employee will be  able
 to return to [his or her] SUCH EMPLOYEE'S prior position upon conclusion
 of  the  strike, in the event the strike terminates prior to the conclu-
 sion  of  the employee's eligibility for benefit rights under this chap-
 ter. 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 into the  unemployment  insurance  control  fund
 established  pursuant  to section five hundred fifty-two-b of this arti-
 cle; or
   (ii) The commissioner determines that the claimant:
   (A) is not employed by an employer that is involved in the  industrial
 controversy that caused [his or her] SUCH CLAIMANT'S unemployment and is
 not participating in the industrial controversy; or
   (B) is not in a bargaining unit involved in the industrial controversy
 that caused [his or her] SUCH CLAIMANT'S unemployment and is not partic-
 ipating in the industrial controversy.
   3.  Terms  of suspension. [No] THE waiting period [may] AND SUSPENSION
 PERIOD SHALL be served [during a suspension period] CONCURRENTLY.
   The suspension of accumulation of benefit rights shall not  be  termi-
 nated  by subsequent employment of the claimant irrespective of when the
 claim is filed except as provided in subdivision one OF THIS SECTION and
 shall not be confined to a single benefit year.
   A "week" as used in subdivision one of this section  means  any  seven
 consecutive calendar days.
   § 2. This act shall take effect immediately.

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Senate Bill S4402A

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S4402 - Details

2023-S4402 - Summary

2023-S4402 - Sponsor Memo

2023-S4402 - Bill Text download pdf

co-Sponsors

2023-S4402A (ACTIVE) - Details

2023-S4402A (ACTIVE) - Summary

2023-S4402A (ACTIVE) - Sponsor Memo

2023-S4402A (ACTIVE) - Bill Text download pdf

Comments