Senate Bill S7461

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7461
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  RAMOS  --  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  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]  THE  CLAIMANT'S  part-time
 work as defined in such subdivision; OR
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08146-01-5
              

 S. 7461                             2
 
   §  3.  Subdivision  3  of  section 593 of the labor law, as amended by
 chapter 277 of the laws of 2021, 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]  THE CLAIMANT'S employment until [he or she] THE CLAIMANT
 has subsequently worked in employment and earned remuneration  at  least
 equal  to  ten  times [his or her] THE CLAIMANT'S 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 REFUSING OR FAILING TO CURE A
 HEALTH OR SAFETY CONDITION THAT MADE THE ENVIRONMENT 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  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 SUIT-
 ABLE WORKING CONDITIONS.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to subdivision 3 of section 593 of the labor law, made by  section
 three  of  this  act, shall take effect on the same date and in the same
 manner as section 19 of chapter 277 of the laws of 2021, takes effect.