senate Bill S4402

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

Sponsored By

Current Bill Status - Passed Senate

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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.


view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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


view additional co-sponsors

S4402 (ACTIVE) - Details

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

S4402 (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.

S4402 (ACTIVE) - Sponsor Memo

S4402 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        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

   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
   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.


Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.