Relates to disqualification from receiving benefits for separation from employment in cases where the claimant's employer maintained or refused to cure a health or safety condition that made the environment unsuitable.
STATE OF NEW YORK
________________________________________________________________________
2115
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. DINOWITZ,
GLICK, REYES, SEAWRIGHT -- read once and referred 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:
1 Section 1. Subdivision 1 of section 593 of the labor law is amended by
2 adding a new paragraph (d) to read as follows:
3 (d) A claimant shall not be disqualified from receiving benefits for
4 separation from employment where the claimant has left their employment
5 because the employer maintained or refused or failed to cure a health or
6 safety condition that made the environment unsuitable. The claimant has
7 provided sufficient notification of the unsuitable condition if they
8 notified the employer, if another employee notified the employer, or if
9 the employer had or should have had reason to know that the condition
10 made the work environment unsuitable. It is sufficient but not necessary
11 to show unsuitability that the working conditions were inconsistent with
12 laws, rules, policies, orders, or guidance of any governmental agency on
13 suitable working conditions.
14 § 2. Paragraph (e) of subdivision 2 of section 593 of the labor law,
15 as amended by chapter 35 of the laws of 2009, is amended to read as
16 follows:
17 (e) the claimant is seeking part-time work as provided in subdivision
18 five of section five hundred ninety-six of this title and the offer of
19 employment is not comparable to his or her part-time work as defined in
20 such subdivision; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01177-01-1
A. 2115 2
1 (f) the offer is to work under conditions that are unsuitable, includ-
2 ing conditions that are inconsistent with laws, rules, policies, orders,
3 or guidance of any governmental agency on suitable working conditions.
4 § 3. Subdivision 3 of section 593 of the labor law, as amended by
5 section 15 of part O of chapter 57 of the laws of 2013, is amended to
6 read as follows:
7 3. Misconduct. No days of total unemployment shall be deemed to occur
8 after a claimant lost employment through misconduct in connection with
9 his or her employment until he or she has subsequently worked in employ-
10 ment and earned remuneration at least equal to ten times his or her
11 weekly benefit rate. A claimant who was fired because they did not
12 report to work or left work before the end of their scheduled shift or
13 refused to perform an assigned task, in response to the employer refus-
14 ing or failing to cure a health or safety condition that made the envi-
15 ronment unsuitable, has not lost their employment due to misconduct.
16 Such claimant has also not quit their job voluntarily and without good
17 cause. The claimant provided sufficient notification of the unsuitable
18 condition if they notified the employer, if another employee notified
19 the employer, or if the employer had or should have had reason to know
20 that the condition made the work environment unsuitable. It is suffi-
21 cient but not necessary to show unsuitability that the working condi-
22 tions were inconsistent with laws, rules, policies, orders, or guidance
23 of any governmental agency on suitable working conditions.
24 § 4. This act shall take effect immediately.
