Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.
STATE OF NEW YORK
________________________________________________________________________
2001--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, THIELE,
LUPARDO, GALEF, GRIFFIN, McMAHON, OTIS, DICKENS, STIRPE, PAULIN,
SIMON, GOODELL, TAGUE -- read once and referred to the Committee 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 prohibiting the inclusion
of claims for unemployment insurance arising from the closure of an
employer due to COVID-19 from being included in such employer's expe-
rience rating charges; and providing for the repeal of such provisions
upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 581-a of the labor law, as amended
2 by chapter 617 of the laws of 1977, is amended to read as follows:
3 3. Notwithstanding the provisions of section five hundred eighty-one
4 of this title to the contrary, any employer whose employees receive
5 payments under this article and whose claims for unemployment insurance
6 arise due to the closure of the employer or a reduction in the workforce
7 of the employer for reasons related to the COVID-19 pandemic, or due to
8 a mandatory order of a government entity duly authorized to issue such
9 order to close such employer due to the COVID-19 pandemic, on or after
10 March twelfth, two thousand twenty shall not have included in their
11 experience rating charges the amounts so paid to the employees from the
12 fund.
13 4. The provisions of this section shall apply to an employer liable
14 for payments in lieu of contributions, but if the secretary of labor of
15 the United States finds that their application to such employer does not
16 meet the requirements of the Federal Unemployment Tax Act, such
17 provisions shall be inoperative with respect to such employer, unless
18 and until such finding has been set aside pursuant to a final decision
19 issued in accordance with such judicial review proceedings as may be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04131-03-1
A. 2001--A 2
1 instituted and completed under the provisions of section thirty-three
2 hundred ten of the Federal Unemployment Tax Act.
3 § 2. This act shall take effect immediately and shall expire December
4 31, 2021, when upon such date the provisions of this act shall be deemed
5 repealed.
