Rpld S523, amd Lab L, generally; add S296-c, Exec L; amd S3, Chap 831 of 1981; amd S10, Chap 413 of 2003
Relates to unemployment insurance benefits; relates to unlawful hiring discrimination by employers, employment agencies and licensing agencies; prohibits concurrent payments.
STATE OF NEW YORK
________________________________________________________________________
7825
2013-2014 Regular Sessions
IN ASSEMBLY
June 5, 2013
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to the calculation of weekly
unemployment insurance benefits for workers who are partially unem-
ployed; to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status; to amend the
labor law, in relation to increasing unemployment insurance benefits;
to amend chapter 831 of the laws of 1981 amending the labor law relat-
ing to fees and expenses in unemployment insurance proceedings, in
relation to the effectiveness thereof; to amend the labor law, in
relation to non-recoverable benefits; and to amend chapter 413 of the
laws of 2003 amending the labor law relating to the self-employment
assistance program and other matters, in relation to the effectiveness
thereof; to amend the labor law, in relation to concurrent payments
prohibited; and to repeal certain provisions of the labor law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 522 of the labor law, as amended by chapter 720 of
2 the laws of 1953, is amended to read as follows:
3 § 522. Total unemployment and partial unemployment. "Total unemploy-
4 ment" means the total lack of any employment [on any day] during any
5 week. "Partial unemployment" means any employment during any week that
6 is less than full-time employment so long as the compensation paid is
7 less than the claimant's weekly benefit rate plus the claimant's partial
8 benefit credit. The term "employment" as used in this section means any
9 employment including that not defined in this title.
10 § 2. Section 523 of the labor law is REPEALED and a new section 523 is
11 added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11284-01-3
A. 7825 2
1 § 523. Effective week. "Effective week" means (a) a week during which
2 a claimant performs no services for which the claimant is paid compen-
3 sation, or (b) a week during which a claimant performs services on a
4 part-time basis for which the claimant is paid compensation that is less
5 than the claimant's weekly benefit rate plus his or her partial benefit
6 credit.
7 § 3. The labor law is amended by adding a new section 514-a to read as
8 follows:
9 § 514-a. Partial benefit credit. "Partial benefit credit" means that
10 part of the compensation, if any, paid to a claimant with respect to a
11 week for which benefits are claimed under the provisions of this chapter
12 which is not in excess of forty per centum of the individual's weekly
13 benefit rate, or seventy-one dollars and fifty cents, whichever is the
14 greater. Such partial benefit credit, if not a multiple of one dollar,
15 shall be computed to the next higher multiple of one dollar.
16 § 4. Subdivision 4 of section 527 of the labor law, as amended by
17 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
18 laws of 1984, is amended to read as follows:
19 4. General condition. A valid original claim may be filed only in a
20 week [in which the claimant has at least one effective day of unemploy-
21 ment] that qualifies as an effective week of unemployment for the claim-
22 ant.
23 § 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
24 of the labor law, as amended by chapter 282 of the laws of 2002, clause
25 (v) as added by chapter 106 of the laws of 2007, is amended to read as
26 follows:
27 (2) Benefits payable to any claimant with respect to the claimant's
28 then current benefit year shall be charged, when paid, to the account of
29 the last employer prior to the filing of a valid original claim in an
30 amount equal to seven times the claimant's benefit rate. Thereafter,
31 such charges shall be made to the account of each employer in the base
32 period used to establish the valid original claim in the same proportion
33 that the remuneration paid by each employer to the claimant during that
34 base period bears to the remuneration paid by all employers to the
35 claimant during that base period except as provided below:
36 (i) In those instances where the claimant may not utilize wages paid
37 to establish entitlement based upon subdivision ten of section five
38 hundred ninety of this article and an educational institution is the
39 claimant's last employer prior to the filing of the claim for benefits,
40 or the claimant performed services in such educational institution in
41 such capacity while employed by an educational service agency which is
42 the claimant's last employer prior to the filing of the claim for bene-
43 fits, such employer shall not be liable for benefit charges for the
44 first [twenty-eight effective days] seven effective weeks of benefits
45 paid as otherwise provided by this section. Under such circumstances,
46 benefits paid shall be charged to the general account. In addition,
47 wages paid during the base period by such educational institutions, or
48 for services in such educational institutions for claimants employed by
49 an educational service agency shall not be considered base period wages
50 during periods that such wages may not be used to gain entitlement to
51 benefits pursuant to subdivision ten of section five hundred ninety of
52 this article.
53 (ii) In those instances where the claimant may not utilize wages paid
54 to establish entitlement based upon subdivision eleven of section five
55 hundred ninety of this article and an educational institution is the
56 claimant's last employer prior to the filing of the claim for benefits,
A. 7825 3
1 or the claimant performed services in such educational institution in
2 such capacity while employed by an educational service agency which is
3 the claimant's last employer prior to the filing of the claim for bene-
4 fits, such employer shall not be liable for benefit charges for the
5 first [twenty-eight effective days] seven effective weeks of benefits
6 paid as otherwise provided by this section. Under such circumstances,
7 benefits paid will be charged to the general account. In addition, wages
8 paid during the base period by such educational institutions, or for
9 services in such educational institutions for claimants employed by an
10 educational service agency shall not be considered base period wages
11 during periods that such wages may not be used to gain entitlement to
12 benefits pursuant to subdivision eleven of section five hundred ninety
13 of this article. However, in those instances where a claimant was not
14 afforded an opportunity to perform services for the educational institu-
15 tion for the next academic year or term after reasonable assurance was
16 provided, such employer shall be liable for benefit charges as provided
17 for in this paragraph for any retroactive payments made to the claimant.
18 (iii) In those instances where the federal government is the claim-
19 ant's last employer prior to the filing of the claim for benefits and
20 such employer is not a base-period employer, payments equaling the first
21 [twenty-eight effective days] seven effective weeks of benefits as
22 otherwise prescribed by this section shall be charged to the general
23 account. In those instances where the federal government is the claim-
24 ant's last employer prior to the filing of the claim for benefits and a
25 base-period employer, such employer shall be liable for charges for all
26 benefits paid on such claim in the same proportion that the remuneration
27 paid by such employer during the base period bears to the remuneration
28 paid by all employers during the base period. In addition, benefit
29 payment charges for the first [twenty-eight effective days] seven effec-
30 tive weeks of benefits other than those chargeable to the federal
31 government as prescribed above shall be made to the general account.
32 (iv) In those instances where a combined wage claim is filed pursuant
33 to interstate reciprocal agreements and the claimant's last employer
34 prior to the filing of the claim is an out-of-state employer and such
35 employer is not a base-period employer, benefit payments equaling the
36 first [twenty-eight effective days] seven effective weeks of benefits as
37 otherwise prescribed by this section shall be charged to the general
38 account. In those instances where the out-of-state employer is the last
39 employer prior to the filing of the claim for benefits and a base-period
40 employer such employer shall be liable for charges for all benefits paid
41 on such claim in the same proportion that the remuneration paid by such
42 employer during the base period bears to the remuneration paid by all
43 employers during the base period. In addition, benefit payment charges
44 for the [twenty-eight effective days] seven effective weeks of benefits
45 other than those chargeable to the out-of-state employer as prescribed
46 above shall be made to the general account.
47 (v) In those instances where the last employer prior to the filing of
48 a valid original claim has paid total remuneration to the claimant
49 during the period from the start of the base period used to establish
50 the benefit claim until the date of the claimant's filing of the valid
51 original claim in an amount less than or equal to six times the claim-
52 ant's benefit rate and the last employer has substantiated such amount
53 to the satisfaction of the commissioner within ten days of the commis-
54 sioner's original notice of potential charges to such last employer's
55 account, benefits shall be charged as follows: benefits payable to the
56 claimant with respect to the claimant's then current benefit year shall
A. 7825 4
1 be charged, when paid, to the account of such last employer prior to the
2 filing of a valid original claim in an amount equal to the lowest whole
3 number (one, two, three, four, five, or six) times the claimant's bene-
4 fit rate where the product of such lowest whole number times the claim-
5 ant's benefit rate is equal to or greater than such total remuneration
6 paid by such last employer to the claimant. Thereafter, such charges
7 shall be made to the account of each employer in the base period used to
8 establish the valid original claim in the same proportion that the
9 remuneration paid by each employer to the claimant during that base
10 period bears to the remuneration paid by all employers to the claimant
11 during that base period. Notice of such recalculation of potential
12 charges shall be given to the last employer and each employer of the
13 claimant in the base period used to establish the valid original claim.
14 § 6. Subdivision 1 of section 590 of the labor law, as amended by
15 chapter 645 of the laws of 1951, is amended to read as follows:
16 1. Entitlement to benefits. A claimant shall be entitled to accumulate
17 effective [days] weeks for the purpose of benefit rights only if he or
18 she has complied with the provisions of this article regarding the
19 filing of his or her claim, including the filing of a valid original
20 claim, registered as totally or partially unemployed, reported his or
21 her subsequent employment and unemployment, and reported for work or
22 otherwise given notice of the continuance of his or her unemployment.
23 § 7. Subdivision 3 of section 590 of the labor law, as amended by
24 chapter 645 of the laws of 1951, is amended to read as follows:
25 3. Compensable periods. Benefits shall be paid for each [accumulation
26 of] effective [days within a] week.
27 § 8. Subdivision 4 of section 590 of the labor law, as amended by
28 chapter 457 of the laws of 1987, is amended to read as follows:
29 4. Duration. Benefits shall not be paid for more than [one hundred and
30 four effective days] twenty-six effective weeks in any benefit year,
31 except as provided in section six hundred one and subdivision two of
32 section five hundred ninety-nine of this chapter.
33 § 9. Subdivision 5 of section 590 of the labor law, as amended by
34 chapter 413 of the laws of 2003, is amended to read as follows:
35 A claimant's weekly benefit amount shall be one twenty-sixth of the
36 remuneration paid during the highest calendar quarter of the base period
37 by employers, liable for contributions or payments in lieu of contrib-
38 utions under this article. However, for claimants whose high calendar
39 quarter remuneration during the base period is three thousand five
40 hundred seventy-five dollars or less, the benefit amount shall be one
41 twenty-fifth of the remuneration paid during the highest calendar quar-
42 ter of the base period by employers liable for contributions or payments
43 in lieu of contributions under this article. Any claimant who is
44 partially unemployed with respect to any effective week shall be paid,
45 with respect to such effective week, a benefit amount equal to his or
46 her weekly benefit amount less the total of the remuneration, if any,
47 paid or payable to him or her with respect to such week for services
48 performed which is in excess of his or her partial benefit credit. Any
49 claimant whose high calendar quarter remuneration during the base period
50 is more than three thousand five hundred seventy-five dollars shall not
51 have a weekly benefit amount less than one hundred forty-three dollars.
52 The weekly benefit amount, so computed, that is not a multiple of one
53 dollar shall be lowered to the next multiple of one dollar. On the first
54 Monday of September, nineteen hundred ninety-eight the weekly benefit
55 amount shall not exceed three hundred sixty-five dollars nor be less
56 than forty dollars, until the first Monday of September, two thousand,
A. 7825 5
1 at which time the maximum benefit payable pursuant to this subdivision
2 shall equal one-half of the state average weekly wage for covered
3 employment as calculated by the department no sooner than July first,
4 two thousand and no later than August first, two thousand, rounded down
5 to the lowest dollar.
6 § 9-a. Paragraph (a) of subdivision 5 of section 590 of the labor law,
7 as amended by section 8 of part O of chapter 57 of the laws of 2013, is
8 amended to read as follows:
9 (a) A claimant's weekly benefit amount shall be one twenty-sixth of
10 the remuneration paid during the highest calendar quarter of the base
11 period by employers, liable for contributions or payments in lieu of
12 contributions under this article, provided the claimant has remuneration
13 paid in all four calendar quarters during his or her base period or
14 alternate base period. However, for any claimant who has remuneration
15 paid in all four calendar quarters during his or her base period or
16 alternate base period and whose high calendar quarter remuneration
17 during the base period is three thousand five hundred seventy-five
18 dollars or less, the benefit amount shall be one twenty-fifth of the
19 remuneration paid during the highest calendar quarter of the base period
20 by employers liable for contributions or payments in lieu of contrib-
21 utions under this article. A claimant's weekly benefit shall be one
22 twenty-sixth of the average remuneration paid in the two highest quar-
23 ters paid during the base period or alternate base period by employers
24 liable for contributions or payments in lieu of contributions under this
25 article when the claimant has remuneration paid in two or three calendar
26 quarters provided however, that a claimant whose high calendar quarter
27 is four thousand dollars or less but greater than three thousand five
28 hundred seventy-five dollars shall have a weekly benefit amount of one
29 twenty-sixth of such high calendar quarter. However, for any claimant
30 who has remuneration paid in two or three calendar quarters during his
31 or her base period or alternate base period and whose high calendar
32 quarter remuneration during the base period is three thousand five
33 hundred seventy-five dollars or less, the benefit amount shall be one
34 twenty-fifth of the remuneration paid during the highest calendar quar-
35 ter of the base period by employers liable for contributions or payments
36 in lieu of contributions under this article. Any claimant who is
37 partially unemployed with respect to any effective week shall be paid,
38 with respect to such effective week, a benefit amount equal to his or
39 her weekly benefit amount less the total of the remuneration, if any,
40 paid or payable to him or her with respect to such week for services
41 performed which is in excess of his or her partial benefit credit. Any
42 claimant whose high calendar quarter remuneration during the base period
43 is more than three thousand five hundred seventy-five dollars shall not
44 have a weekly benefit amount less than one hundred forty-three dollars.
45 The weekly benefit amount, so computed, that is not a multiple of one
46 dollar shall be lowered to the next multiple of one dollar. On the first
47 Monday of September, nineteen hundred ninety-eight the weekly benefit
48 amount shall not exceed three hundred sixty-five dollars nor be less
49 than forty dollars, until the first Monday of September, two thousand,
50 at which time the maximum benefit payable pursuant to this subdivision
51 shall equal one-half of the state average weekly wage for covered
52 employment as calculated by the department no sooner than July first,
53 two thousand and no later than August first, two thousand, rounded down
54 to the lowest dollar. On and after the first Monday of October, two
55 thousand fourteen, the weekly benefit shall not be less than one hundred
56 dollars, nor shall it exceed four hundred twenty dollars until the first
A. 7825 6
1 Monday of October, two thousand fifteen when the maximum benefit amount
2 shall be four hundred twenty-five dollars, until the first Monday of
3 October, two thousand sixteen when the maximum benefit amount shall be
4 four hundred thirty dollars, until the first Monday of October, two
5 thousand seventeen when the maximum benefit amount shall be four hundred
6 thirty-five dollars, until the first Monday of October, two thousand
7 eighteen when the maximum benefit amount shall be four hundred fifty
8 dollars, until the first Monday of October, two thousand nineteen when
9 the maximum benefit amount shall be thirty-six percent of the average
10 weekly wage until the first Monday of October, two thousand twenty when
11 the maximum benefit amount shall be thirty-eight percent of the average
12 weekly wage, until the first Monday of October two thousand twenty-one
13 when the maximum benefit amount shall be forty percent of the average
14 weekly wage, until the first Monday of October, two thousand twenty-two
15 when the maximum benefit amount shall be forty-two percent of the aver-
16 age weekly wage, until the first Monday of October, two thousand twen-
17 ty-three when the maximum benefit amount shall be forty-four percent of
18 the average weekly wage, until the first Monday of October, two thousand
19 twenty-four when the maximum benefit amount shall be forty-six percent
20 of the average weekly wage, until the first Monday of October, two thou-
21 sand twenty-five when the maximum benefit amount shall be forty-eight
22 percent of the average weekly wage, until the first Monday of October,
23 two thousand twenty-six and each year thereafter on the first Monday of
24 October when the maximum benefit amount shall be fifty percent of the
25 average weekly wage provided, however, that in no event shall the maxi-
26 mum benefit amount be reduced from the previous year.
27 § 10. Subdivision 6 of section 590 of the labor law, as added by chap-
28 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
29 of 1977, is amended to read as follows:
30 6. Notification requirement. No effective [day] week shall be counted
31 for any purposes except effective [days] weeks as to which notification
32 has been given in a manner prescribed by the commissioner.
33 § 11. Subdivision 7 of section 590 of the labor law, as amended by
34 chapter 415 of the laws of 1983, is amended to read as follows:
35 7. Waiting period. A claimant shall not be entitled to accumulate
36 effective [days] weeks for the purpose of benefit payments until he or
37 she has accumulated a waiting period of [four effective days either
38 wholly within the week in which he established his valid original claim
39 or partly within such week and partly within his benefit year initiated
40 by such claim] one effective week.
41 § 12. Subdivision 1 of section 591 of the labor law, as amended by
42 chapter 413 of the laws of 2003, is amended to read as follows:
43 1. Unemployment. Benefits, except as provided in section five hundred
44 ninety-one-a of this title, shall be paid only to a claimant who is
45 totally unemployed or partially unemployed and who is unable to engage
46 in his or her usual employment or in any other for which he or she is
47 reasonably fitted by training and experience. A claimant who is receiv-
48 ing benefits under this article shall not be denied such benefits pursu-
49 ant to this subdivision or to subdivision two of this section because of
50 such claimant's service on a grand or petit jury of any state or of the
51 United States.
52 § 13. Subdivision 1 of section 591 of the labor law, as amended by
53 chapter 446 of the laws of 1981, is amended to read as follows:
54 1. Unemployment. Benefits shall be paid only to a claimant who is
55 totally unemployed or partially unemployed and who is unable to engage
56 in his or her usual employment or in any other for which he or she is
A. 7825 7
1 reasonably fitted by training and experience. A claimant who is receiv-
2 ing benefits under this article shall not be denied such benefits pursu-
3 ant to this subdivision or to subdivision two of this section because of
4 such claimant's service on a grand or petit jury of any state or of the
5 United States.
6 § 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section
7 591-a of the labor law, as amended by section 14 of part O of chapter 57
8 of the laws of 2013, is amended to read as follows:
9 (i) requirements relating to total unemployment and partial unemploy-
10 ment, as defined in section five hundred twenty-two of this article,
11 availability for work and search for work, as set forth in subdivision
12 two of section five hundred ninety-one of this title and refusal to
13 accept work, as set forth in subdivision two of section five hundred
14 ninety-three of this title, are not applicable to such individuals;
15 § 15. Subdivision 2 of section 592 of the labor law, as amended by
16 chapter 415 of the laws of 1983, is amended to read as follows:
17 2. Concurrent payments prohibited. No [days] weeks of total unemploy-
18 ment or partial unemployment shall be deemed to occur in any week with
19 respect to which [or a part of which] a claimant has received or is
20 seeking unemployment benefits under an unemployment compensation law of
21 any other state or of the United States, provided that this provision
22 shall not apply if the appropriate agency of such other state or of the
23 United States finally determines that he or she is not entitled to such
24 unemployment benefits.
25 § 16. Paragraph (a) of subdivision 1 of section 593 of the labor law,
26 as amended by section 15 of part O of chapter 57 of the laws of 2013, is
27 amended to read as follows:
28 (a) No [days] weeks of total unemployment or partial unemployment
29 shall be deemed to occur after a claimant's voluntary separation without
30 good cause from employment until he or she has subsequently worked in
31 employment and earned remuneration at least equal to ten times his or
32 her weekly benefit rate. In addition to other circumstances that may be
33 found to constitute good cause, including a compelling family reason as
34 set forth in paragraph (b) of this subdivision, voluntary separation
35 from employment shall not in itself disqualify a claimant if circum-
36 stances have developed in the course of such employment that would have
37 justified the claimant in refusing such employment in the first instance
38 under the terms of subdivision two of this section or if the claimant,
39 pursuant to an option provided under a collective bargaining agreement
40 or written employer plan which permits waiver of his or her right to
41 retain the employment when there is a temporary layoff because of lack
42 of work, has elected to be separated for a temporary period and the
43 employer has consented thereto.
44 § 17. Subdivision 2 of section 593 of the labor law, as amended by
45 chapter 415 of the laws of 1983, the opening paragraph as amended by
46 section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
47 added by chapter 589 of the laws of 1998, and paragraphs (d) and (e) as
48 amended by chapter 35 of the laws of 2009, is amended to read as
49 follows:
50 2. Refusal of employment. No [days] weeks of total unemployment or
51 partial unemployment shall be deemed to occur beginning with the [day
52 on] week in which a claimant, without good cause, refuses to accept an
53 offer of employment for which he or she is reasonably fitted by training
54 and experience, including employment not subject to this article, until
55 he or she has subsequently worked in employment and earned remuneration
56 at least equal to ten times his or her weekly benefit rate. Except that
A. 7825 8
1 claimants who are not subject to a recall date or who do not obtain
2 employment through a union hiring hall and who are still unemployed
3 after receiving ten weeks of benefits shall be required to accept any
4 employment proffered that such claimants are capable of performing,
5 provided that such employment would result in a wage not less than
6 eighty percent of such claimant's high calendar quarter wages received
7 in the base period and not substantially less than the prevailing wage
8 for similar work in the locality as provided for in paragraph (d) of
9 this subdivision. No refusal to accept employment shall be deemed with-
10 out good cause nor shall it disqualify any claimant otherwise eligible
11 to receive benefits if:
12 (a) a refusal to accept employment which would interfere with a claim-
13 ant's right to join or retain membership in any labor organization or
14 otherwise interfere with or violate the terms of a collective bargaining
15 agreement shall be with good cause;
16 (b) there is a strike, lockout, or other industrial controversy in the
17 establishment in which the employment is offered; or
18 (c) the employment is at an unreasonable distance from his or her
19 residence, or travel to and from the place of employment involves
20 expense substantially greater than that required in his or her former
21 employment unless the expense be provided for; or
22 (d) the wages or compensation or hours or conditions offered are
23 substantially less favorable to the claimant than those prevailing for
24 similar work in the locality, or are such as tend to depress wages or
25 working conditions; or
26 (e) the claimant is seeking part-time work as provided in subdivision
27 five of section five hundred ninety-six of this title and the offer of
28 employment is not comparable to his or her part-time work as defined in
29 such subdivision.
30 § 18. Subdivision 3 of section 593 of the labor law, as amended by
31 section 15 of part O of chapter 57 of the laws of 2013, is amended to
32 read as follows:
33 3. Misconduct. No [days] weeks of total unemployment or partial unem-
34 ployment shall be deemed to occur after a claimant lost employment
35 through misconduct in connection with his or her employment until he or
36 she has subsequently worked in employment and earned remuneration at
37 least equal to ten times his or her weekly benefit rate.
38 § 19. Subdivision 4 of section 593 of the labor law, as amended by
39 chapter 589 of the laws of 1998, is amended to read as follows:
40 4. Criminal acts. No [days] weeks of total unemployment or partial
41 unemployment shall be deemed to occur during a period of twelve months
42 after a claimant loses employment as a result of an act constituting a
43 felony in connection with such employment, provided the claimant is duly
44 convicted thereof or has signed a statement admitting that he or she has
45 committed such an act. Determinations regarding a benefit claim may be
46 reviewed at any time. Any benefits paid to a claimant prior to a deter-
47 mination that the claimant has lost employment as a result of such act
48 shall not be considered to have been accepted by the claimant in good
49 faith. In addition, remuneration paid to the claimant by the affected
50 employer prior to the claimant's loss of employment due to such criminal
51 act may not be utilized for the purpose of establishing entitlement to a
52 subsequent, valid original claim. The provisions of this subdivision
53 shall apply even if the employment lost as a result of such act is not
54 the claimant's last employment prior to the filing of his or her claim.
55 § 20. Section 594 of the labor law, as amended by section 16 of part O
56 of chapter 57 of the laws of 2013, is amended to read as follows:
A. 7825 9
1 § 594. Reduction and recovery of benefits and penalties for wilful
2 false statement. (1) A claimant who has wilfully made a false statement
3 or representation to obtain any benefit under the provisions of this
4 article shall forfeit benefits for at least the first [four] one but not
5 more than the first [eighty] twenty effective [days] weeks following
6 discovery of such offense for which he or she otherwise would have been
7 entitled to receive benefits. Such penalty shall apply only once with
8 respect to each such offense.
9 (2) For the purpose of subdivision four of section five hundred ninety
10 of this [article] title, the claimant shall be deemed to have received
11 benefits for such forfeited effective [days] weeks.
12 (3) The penalty provided in this section shall not be confined to a
13 single benefit year but shall no longer apply in whole or in part after
14 the expiration of two years from the date of the final determination.
15 Such two-year period shall be tolled during the time period a claimant
16 has an appeal pending.
17 (4) A claimant shall refund all moneys received because of such false
18 statement or representation and pay a civil penalty in an amount equal
19 to the greater of one hundred dollars or fifteen percent of the total
20 overpaid benefits determined pursuant to this section. The penalties
21 collected hereunder shall be deposited in the fund. The penalties
22 assessed under this subdivision shall apply and be assessed for any
23 benefits paid under federal unemployment and extended unemployment
24 programs administered by the department in the same manner as provided
25 in this article. The penalties in this section shall be in addition to
26 any penalties imposed under this chapter or any state or federal crimi-
27 nal statute. No penalties or interest assessed pursuant to this section
28 may be deducted or withheld from benefits.
29 (5) (a) Upon a determination based upon a willful false statement or
30 representation becoming final through exhaustion of appeal rights or
31 failure to exhaust hearing rights, the commissioner may recover the
32 amount found to be due by commencing a civil action, or by filing with
33 the county clerk of the county where the claimant resides the final
34 determination of the commissioner or the final decision by an adminis-
35 trative law judge, the appeal board, or a court containing the amount
36 found to be due including interest and civil penalty. The commissioner
37 may only make such a filing with the county clerk when:
38 (i) The claimant has responded to requests for information prior to a
39 determination and such requests for information notified the claimant of
40 his or her rights to a fair hearing as well as the potential conse-
41 quences of an investigation and final determination under this section
42 including the notice required by subparagraph (iii) of paragraph (b) of
43 this subdivision. Additionally if the claimant requested a fair hearing
44 or appeal subsequent to a determination, that the claimant was present
45 either in person or through electronic means at such hearing, or subse-
46 quent appeal from which a final determination was rendered;
47 (ii) The commissioner has made efforts to collect on such final deter-
48 mination; and
49 (iii) The commissioner has sent a notice, in accordance with paragraph
50 (b) of this subdivision, of intent to docket such final determination by
51 first class or certified mail, return receipt requested, ten days prior
52 to the docketing of such determination.
53 (b) The notice required in subparagraph (iii) of paragraph (a) of this
54 subdivision shall include the following:
55 (i) That the commissioner intends to docket a final determination
56 against such claimant as a judgment;
A. 7825 10
1 (ii) The total amount to be docketed; and
2 (iii) Conspicuous language that reads as follows: "Once entered, a
3 judgment is good and can be used against you for twenty years, and your
4 money, including a portion of your paycheck and/or bank account, may be
5 taken. Also, a judgment will hurt your credit score and can affect your
6 ability to rent a home, find a job, or take out a loan."
7 § 21. Subdivision 1 of section 596 of the labor law, as amended by
8 chapter 204 of the laws of 1982, is amended to read as follows:
9 1. Claim filing and certification to unemployment. A claimant shall
10 file a claim for benefits at the local state employment office serving
11 the area in which he or she was last employed or in which he or she
12 resides within such time and in such manner as the commissioner shall
13 prescribe. He or she shall disclose whether he or she owes child support
14 obligations, as hereafter defined. If a claimant making such disclosure
15 is eligible for benefits, the commissioner shall notify the state or
16 local child support enforcement agency, as hereafter defined, that the
17 claimant is eligible.
18 A claimant shall correctly report any [days] weeks of employment and
19 any compensation he or she received for such employment, including
20 employments not subject to this article, and the [days on] weeks during
21 which he or she was totally unemployed or partially unemployed and shall
22 make such reports in accordance with such regulations as the commission-
23 er shall prescribe.
24 § 22. Subdivision 4 of section 596 of the labor law, as added by chap-
25 ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
26 of chapter 436 of the laws of 1997, is amended to read as follows:
27 4. Registration and reporting for work. A claimant shall register as
28 totally unemployed or partially unemployed at a local state employment
29 office serving the area in which he or she was last employed or in which
30 he or she resides in accordance with such regulations as the commission-
31 er shall prescribe. After so registering, such claimant shall report for
32 work at the same local state employment office or otherwise give notice
33 of the continuance of his or her unemployment as often and in such
34 manner as the commissioner shall prescribe.
35 § 23. intentionally omitted.
36 § 24. Intentionally omitted.
37 § 25. The opening paragraph and paragraph (e) of subdivision 2 of
38 section 601 of the labor law, as amended by chapter 35 of the laws of
39 2009, is amended to read as follows:
40 Eligibility conditions. Extended benefits shall be payable to a claim-
41 ant for effective [days] weeks occurring [in any week] within an eligi-
42 bility period, provided the claimant
43 (e) is not claiming benefits pursuant to an interstate claim filed
44 under the interstate benefit payment plan in a state where an extended
45 benefit period is not in effect, except that this condition shall not
46 apply with respect to the first [eight] two effective [days] weeks for
47 which extended benefits shall otherwise be payable pursuant to an inter-
48 state claim filed under the interstate benefit payment plan; and
49 § 26. Subdivision 3 of section 601 of the labor law, as amended by
50 chapter 35 of the laws of 2009, is amended to read as follows:
51 3. Extended benefit amounts; rate and duration. Extended benefits
52 shall be paid to a claimant
53 (a) at a rate equal to his or her rate for regular benefits during his
54 or her applicable benefit year but
55 (b) for not more than [fifty-two] thirteen effective [days] weeks with
56 respect to his or her applicable benefit year, with a total maximum
A. 7825 11
1 amount equal to fifty percentum of the total maximum amount of regular
2 benefits payable in such benefit year, and
3 (c) if a claimant's benefit year ends within an extended benefit peri-
4 od, the remaining balance of extended benefits to which he or she would
5 be entitled, if any, shall be reduced by the number of effective [days]
6 weeks for which he or she was entitled to receive trade readjustment
7 allowances under the federal trade act of nineteen hundred seventy-four
8 during such benefit year, and
9 (d) for periods of high unemployment for not more than eighty effec-
10 tive days with respect to the applicable benefit year with a total maxi-
11 mum amount equal to eighty percent of the total maximum amount of regu-
12 lar benefits payable in such benefit year.
13 § 27. Subdivision 4 of section 601 of the labor law, as amended by
14 chapter 35 of the laws of 2009, is amended to read as follows:
15 4. Charging of extended benefits. The provisions of paragraph (e) of
16 subdivision one of section five hundred eighty-one of this article shall
17 apply to benefits paid pursuant to the provisions of this section, and
18 if they were paid for effective [days occurring in] weeks following the
19 end of a benefit year, they shall be deemed paid with respect to that
20 benefit year. However, except for governmental entities as defined in
21 section five hundred sixty-five and Indian tribes as defined in section
22 five hundred sixty-six of this article, only one-half of the amount of
23 such benefits shall be debited to the employers' account; the remainder
24 thereof shall be debited to the general account, and such account shall
25 be credited with the amount of payments received in the fund pursuant to
26 the provisions of the federal-state extended unemployment compensation
27 act. Notwithstanding the foregoing, where the state has entered an
28 extended benefit period triggered pursuant to subparagraph one of para-
29 graph (a) of subdivision one of this section for which federal law
30 provides for one hundred percent federal sharing of the costs of bene-
31 fits, all charges shall be debited to the general account and such
32 account shall be credited with the amount of payments received in the
33 fund pursuant to the provisions of the federal-state extended unemploy-
34 ment compensation act or other federal law providing for one hundred
35 percent federal sharing for the cost of such benefits.
36 § 28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
37 as amended by chapter 35 of the laws of 2009, is amended to read as
38 follows:
39 (b) No [days] weeks of total unemployment or partial unemployment
40 shall be deemed to occur [in any week] within an eligibility period
41 during which a claimant fails to accept any offer of suitable work or
42 fails to apply for suitable work to which he or she was referred by the
43 commissioner, who shall make such referral if such work is available, or
44 during which he or she fails to engage actively in seeking work by
45 making a systematic and sustained effort to obtain work and providing
46 tangible evidence of such effort, and until he or she has worked in
47 employment during at least four subsequent weeks and earned remuneration
48 of at least four times his or her benefit rate.
49 § 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
50 as amended by chapter 35 of the laws of 2009, is amended to read as
51 follows:
52 (e) No [days] weeks of total unemployment or partial unemployment
53 shall be deemed to occur [in any week] within an eligibility period
54 under section five hundred ninety-three of this [article] title, until
55 he or she has subsequently worked in employment in accordance with the
A. 7825 12
1 requirements set forth in section five hundred ninety-three of this
2 [article] title.
3 § 30. Section 603 of the labor law, as amended by section 21 of part O
4 of chapter 57 of the laws of 2013, is amended to read as follows:
5 § 603. Definitions. For purposes of this title: "Total unemployment"
6 shall mean the total lack of any employment [on any day] during any week
7 and "partial unemployment" shall mean any employment during any week
8 that is less than full-time employment so long as the compensation paid
9 is less than the claimant's weekly benefit rate plus the claimant's
10 partial benefit credit, other than with an employer applying for a
11 shared work program. "Work force" shall mean the total work force, a
12 clearly identifiable unit or units thereof, or a particular shift or
13 shifts. The work force subject to reduction shall consist of no less
14 than two employees.
15 § 31. The executive law is amended by adding a new section 296-c to
16 read as follows:
17 § 296-c. Unlawful discriminatory practices in relation to licensing or
18 employment agencies; unemployment status. 1. For the purposes of this
19 section, the term "unemployment status" shall mean being unemployed,
20 having actively looked for employment during the then most recent four
21 week period, and currently being available for employment.
22 2. It shall be an unlawful discriminatory practice for an employer or
23 licensing agency, because of an individual's unemployment status, to
24 refuse to hire or to employ or to bar such individual or to discriminate
25 against such individual in compensation or in terms, conditions or priv-
26 ileges of employment.
27 3. It shall be an unlawful discriminatory practice for an employer or
28 an employment agency to discriminate against any individual because of
29 unemployment status in receiving, classifying, disposing or otherwise
30 acting upon applications for its services or in referring an applicant
31 or applicants to an employer or employers.
32 4. It shall be an unlawful discriminatory practice for an employer or
33 an employment agency to print or circulate or cause to be printed or
34 circulated any statement, advertisement or publication, or to use any
35 form of application for employment or to make any inquiry in connection
36 with prospective employment, which expresses directly or indirectly, any
37 limitation, specification or discrimination as to unemployment status,
38 or any intent to make any such limitation, specification or discrimi-
39 nation, unless based upon a bona fide occupational qualification;
40 provided, however, that neither this section nor any provision of this
41 chapter or other law shall be construed to prohibit the department of
42 civil service or the department of personnel of any city containing more
43 than one county from requesting information from applicants for civil
44 service examinations concerning the aforementioned characteristic, other
45 than sexual orientation, for the purpose of conducting studies to iden-
46 tify and resolve possible problems in recruitment and testing of members
47 of minority groups to ensure the fairest possible and equal opportu-
48 nities for employment in the civil service for all persons.
49 5. Any employer, employment agency, or licensing agency who violates
50 this section shall be subject to a civil penalty in an amount not to
51 exceed five thousand dollars for the first violation and ten thousand
52 dollars for each subsequent violation.
53 § 32. Paragraph (c) of subdivision 1 of section 593 of the labor law,
54 as amended by chapter 35 of the laws of 2009, is amended to read as
55 follows:
A. 7825 13
1 [(c) A disqualification as provided in this subdivision shall also
2 apply after a claimant's voluntary separation from employment if such
3 voluntary separation was due to claimant's marriage.]
4 § 33. Paragraph (d) of subdivision 11 of section 590 of the labor law
5 is relettered paragraph (e) and a new paragraph (d) is added to read as
6 follows:
7 (d) In the case of a claimant who was employed in other than an
8 instructional, research or principal administrative capacity by an
9 educational institution, or performed services in such an institution in
10 such capacity while employed by an educational service agency, such
11 claimant is presumed not to have reasonable assurance under an offer
12 that is conditioned on enrollment, funding or programmatic changes. It
13 is the college's burden to provide sufficient documentation to overcome
14 this presumption. Reasonable assurance must be determined on a case-by-
15 case basis by the total weight of evidence rather than the existence of
16 any one factor. Primary weight must be given to the contingent nature of
17 an offer of employment based on enrollment, funding and program changes.
18 Provided, however, that in any unemployment insurance proceeding a writ-
19 ten letter from an employer to an employee which makes employment condi-
20 tional shall not be prima facie evidence of reasonable assurance to be
21 used to deny a claim for unemployment.
22 § 34. Subdivision 10 of section 590 of the labor law is amended by
23 adding a new paragraph (d) to read as follows:
24 (d) In the case of colleges or universities assigned the North Ameri-
25 can industry classification code 611310 or 611210 for services performed
26 in a principal, administrative, research or instructional capacity a
27 person is presumed not to have reasonable assurance under an offer that
28 is conditioned on enrollment, funding or programmatic changes. It is the
29 employer's burden to provide sufficient documentation to overcome this
30 presumption. Reasonable assurance must be determined on a case-by-case
31 basis by the total weight of evidence rather than the existence of any
32 one factor. Primary weight must be given to the contingent nature of an
33 offer of employment based on enrollment, funding and program changes.
34 Provided, however, that in any unemployment insurance proceeding a writ-
35 ten letter from an employer to an employee which makes employment condi-
36 tional shall not be prima facie evidence of reasonable assurance to be
37 used to deny a claim for unemployment.
38 § 35. Section 599 of the labor law, as amended by chapter 593 of the
39 laws of 1991, is amended to read as follows:
40 § 599. Career and related training; preservation of eligibility. 1.
41 Notwithstanding any other provision of this article, a claimant shall
42 not become ineligible for benefits because of the claimant's regular
43 attendance in a program of training which the commissioner has approved.
44 The commissioner shall give due consideration to existing and prospec-
45 tive conditions of the labor market in the state, taking into account
46 present and anticipated supply and demand regarding the occupation or
47 skill to which the training relates, and to any other relevant factor. A
48 determination of potential eligibility for benefits under this article
49 shall be issued to an unemployed individual if the commissioner finds
50 that the training is authorized by the federal workforce investment act,
51 the state division of veterans' affairs, the department, the New York
52 state departments of education, correctional services, health, or the
53 office of mental health, the empire state development corporation, or
54 the state university of New York educational opportunity center. Howev-
55 er, in no event shall the commissioner approve [such] training for a
A. 7825 14
1 claimant not authorized by such legislative act or state or quasi-state
2 entity listed above unless:
3 (a) (1) the training will upgrade the claimant's existing skill or
4 train the claimant for an occupation likely to lead to more regular long
5 term employment; enable the claimant to obtain employment that achieves
6 wage preservation or makes progress toward a family-sustaining wage; or
7 (2) employment opportunities for the claimant are or may be substan-
8 tially impaired because of:
9 (i) existing or prospective conditions of the labor market in the
10 locality or in the state or reduced opportunities for employment in the
11 claimant's occupation or skill; or
12 (ii) technological change, plant closing or plant removal, discontin-
13 uance of specific plant operations, or similar reasons; or
14 (iii) limited opportunities for employment throughout the year due to
15 the seasonal nature of the industry in which the claimant is customarily
16 employed; or
17 (iv) the claimant's personal traits such as physical or mental hand-
18 icap; and
19 (b) the training, including remedial education which is integral to
20 career advancement or required for completing career-related training,
21 relates to an occupation or skill for which there are, or are expected
22 to be in the immediate future, reasonable employment opportunities in
23 the state; and
24 (c) the training is offered by a competent and reliable agency and
25 does not require more than twenty-four months to complete; and
26 (d) the claimant has the required qualifications and aptitudes to
27 complete the training successfully.
28 2. (a) Notwithstanding any other provision of this chapter, a claimant
29 attending an approved training course or program under this section may
30 receive additional benefits of up to [one hundred four] twenty-six
31 effective [days] weeks following exhaustion of regular and, if in
32 effect, any other extended benefits, provided that entitlement to a new
33 benefit claim cannot be established. Certification of continued satis-
34 factory participation and progress in such training course or program
35 must be submitted to the commissioner prior to the payment of any such
36 benefits. [The duration of such additional benefits shall in no case
37 exceed twice the number of effective days of regular benefits to which
38 the claimant is entitled at the time the claimant is accepted in, or
39 demonstrates application for appropriate training.] Any unemployed indi-
40 vidual receiving unemployment insurance benefits payable under this
41 subdivision, who notifies the department with the intent to seek train-
42 ing opportunities under this article no later than the sixteenth week of
43 his or her receiving benefits, and is determined eligible for benefits
44 under this article, is entitled to a training extension of the full
45 twenty-six effective weeks on his or her unemployment compensation
46 claim, if necessary, to complete approved training.
47 (b) No more than [twenty] fifty million dollars of benefits per year
48 shall be made available for payment to claimants participating in such
49 courses or programs.
50 (c) Participation in such training course or program shall not be
51 limited to any selected areas or localities of the state but subject to
52 the availability of funds, shall be available to any claimant otherwise
53 eligible to participate in training courses or programs pursuant to this
54 section.
55 (d) The additional benefits paid to a claimant shall be charged to the
56 general account.
A. 7825 15
1 3. Notwithstanding any other provision of this article, a claimant who
2 is in training approved under the federal trade act of nineteen hundred
3 seventy-four shall not be disqualified or become ineligible for benefits
4 because he or she is in such training or because he or she left employ-
5 ment which is not suitable employment to enter such training. For
6 purposes hereof, "suitable employment" means work of a substantially
7 equal or higher skill level than the claimant's past adversely affected
8 employment and for which the remuneration is not less than eighty
9 percent of the claimant's average weekly wage.
10 § 36. Section 3 of chapter 831 of the laws of 1981, amending the
11 labor law relating to fees and expenses in unemployment insurance
12 proceedings, as amended by chapter 331 of the laws of 2012, is amended
13 to read as follows:
14 § 3. This act shall take effect January 1, 1982, provided, however,
15 that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
16 law as added by section one of this act shall remain in full force and
17 effect until December 31, [2014] 2016.
18 § 37. Article 18 of the labor law is amended by adding a new title 7-B
19 to read as follows:
20 TITLE 7-B
21 UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
22 Section 615. Definitions.
23 616. Eligibility for unemployment insurance for domestic
24 violence survivors.
25 617. Training program.
26 § 615. Definitions. For purposes of this title:
27 1. "Domestic violence" means abuse committed against an employee or an
28 employee's dependent child by:
29 (a) a current or former spouse of the employee; or
30 (b) a person with whom the employee shares parentage of a child in
31 common; or
32 (c) a person who is cohabitating with, or has cohabitated with, the
33 employee; or
34 (d) a person who is related by blood or marriage; or
35 (e) a person with whom the employee has or had a dating or engagement
36 relationship.
37 2. "Abuse" means:
38 (a) causing, or attempting to cause, physical harm; or
39 (b) placing another person in fear of imminent serious physical harm;
40 or
41 (c) causing another person to engage involuntarily in sexual relations
42 by force, threat or duress, or threatening to do so; or
43 (d) engaging in mental abuse, which includes threats, intimidation,
44 stalking and acts designed to induce terror; or
45 (e) depriving another person of medical care, housing, food or other
46 necessities of life; or
47 (f) restraining the liberty of another.
48 § 616. Eligibility for unemployment insurance for domestic violence
49 survivors. 1. A claimant shall not be disqualified from receiving unem-
50 ployment insurance benefits if the claimant establishes to the satisfac-
51 tion of the commissioner that the reason the claimant left work was due
52 to domestic violence, including:
53 (a) The claimant's reasonable fear of future domestic violence at or
54 en route to or from the claimant's place of employment.
A. 7825 16
1 (b) The claimant's need to relocate to another geographic area in
2 order to avoid future domestic violence.
3 (c) The claimant's need to address the physical, psychological and
4 legal impacts of domestic violence.
5 (d) The claimant's need to leave employment as a condition of receiv-
6 ing services or shelter from an agency which provides support services
7 or shelter to victims of domestic violence.
8 (e) Any other situation in which domestic violence causes the claimant
9 to reasonably believe that termination of employment is necessary for
10 the future safety of the claimant or the claimant's family.
11 2. A claimant may demonstrate the existence of domestic violence by
12 providing one of the following:
13 (a) a restraining order or other documentation of equitable relief
14 issued by a court of competent jurisdiction;
15 (b) a police record documenting the abuse;
16 (c) documentation that the abuser has been convicted of one or more
17 criminal offenses enumerated in the penal law against the claimant;
18 (d) medical documentation of the abuse;
19 (e) a statement provided by a counselor, social worker, health worker,
20 member of the clergy, shelter worker, legal advocate, or other profes-
21 sional who has assisted the claimant in addressing the effects of the
22 abuse on the claimant or the claimant's family; or
23 (f) a sworn statement from the claimant attesting to the abuse.
24 3. No evidence of domestic violence experienced by a claimant, includ-
25 ing the claimant's statement and corroborating evidence, shall be
26 disclosed by the department unless consent for disclosure is given by
27 the claimant.
28 4. For a claimant who left work due to domestic violence, requirements
29 to pursue suitable work must reasonably accommodate the claimant's need
30 to address the physical, psychological, legal and other effects of the
31 domestic violence.
32 § 617. Training program. 1. The commissioner shall implement a train-
33 ing curriculum for employees of the department who interact with claim-
34 ants applying for unemployment insurance due to their domestic violence
35 status.
36 2. All senior management personnel of the department that supervise
37 the training of employees involved in handling unemployment claims shall
38 be trained in this curriculum not later than sixty days from the effec-
39 tive date of this title. The commissioner shall develop an ongoing plan
40 for employees of the department who interact with claimants to be
41 trained in the nature and dynamics of domestic violence, so that employ-
42 ment separations stemming from domestic violence are reliably screened
43 and adjudicated, and so that victims of domestic violence are able to
44 take advantage of the full range of job services provided by the depart-
45 ment.
46 § 38. The opening paragraph of subdivision 1 of section 560 of the
47 labor law, as amended by chapter 103 of the laws of 1965, is amended to
48 read as follows:
49 Any employer shall become liable for contributions under this article
50 if he has paid remuneration of [three hundred] one thousand dollars or
51 more in any calendar quarter, except that liability with respect to
52 persons employed in personal or domestic service in private homes shall
53 be considered separately and an employer shall become liable for
54 contributions with respect to such persons only if he has paid to them
55 remuneration in cash of five hundred dollars or more in any calendar
A. 7825 17
1 quarter. Such liability for contributions shall commence on the first
2 day of such calendar quarter.
3 § 39. Paragraph (c) of subdivision 1 of section 538 of the labor law,
4 as amended by chapter 831 of the laws of 1981, is amended to read as
5 follows:
6 (c) Claims of representatives for services rendered to a claimant in
7 connection with any claim arising under this article shall not be
8 enforceable unless approved by the appeal board and shall in no event
9 exceed the benefit allowed, including benefits that are non-recoverable
10 pursuant to subdivision four of section five hundred ninety-seven of
11 this article, except as provided in paragraph (d) of this subdivision.
12 In approving any fee requested by a representative pursuant to this
13 section, the appeal board shall consider the following factors: (i) the
14 total benefit allowed; (ii) the time spent in providing representation;
15 (iii) the legal and factual complexities involved; and (iv) such other
16 factors as the appeal board may deem relevant.
17 § 40. Subdivision 4 of section 597 of the labor law, as amended by
18 chapter 61 of the laws of 1998, is amended to read as follows:
19 4. Effect of review. Whenever a new determination in accordance with
20 [the preceding] subdivision three of this section or a decision by a
21 referee, the appeal board, or a court results in a decrease or denial of
22 benefits previously allowed, such new determination or decision, unless
23 it shall be based upon a retroactive payment of remuneration, shall not
24 affect the rights to any benefits already paid under the authority of
25 the prior determination or decision provided they were accepted by the
26 claimant in good faith and the claimant did not make any false statement
27 or representation and did not wilfully conceal any pertinent fact in
28 connection with his or her claim for benefits. Non-recoverable benefits
29 pursuant to this section shall be considered to have been allowed bene-
30 fits for purposes of section five hundred thirty-eight of this article.
31 § 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
32 law relating to the self-employment assistance program and other
33 matters, as amended by section 2 of part Z of chapter 57 of the laws of
34 2013, is amended to read as follows:
35 § 10. This act shall take effect immediately; provided, however, that
36 sections eight and nine of this act shall expire December 7, [2015] 2017
37 when upon such date the provisions of such sections shall be deemed
38 repealed.
39 § 42. The opening paragraph of paragraph (a) of subdivision 6 of
40 section 511 of the labor law, as amended by chapter 675 of the laws of
41 1977, is amended to read as follows:
42 The term "employment" [does not include] includes agricultural labor
43 [unless it is covered pursuant to section five hundred sixty-four]. The
44 term "agricultural labor" includes all service performed:
45 § 43. Section 564 of the labor law, as added by chapter 675 of the
46 laws of 1977, is amended to read as follows:
47 § 564. Agricultural labor crew leaders. [1. Coverage. (a) Notwith-
48 standing the provisions of section five hundred sixty of this article,
49 an employer of persons engaged in agricultural labor shall become liable
50 for contributions under this article if the employer:
51 (1) has paid cash remuneration of twenty thousand dollars or more in
52 any calendar quarter to persons employed in agricultural labor, and such
53 liability shall commence on the first day of such quarter, or
54 (2) has employed in agricultural labor ten or more persons on each of
55 twenty days during a calendar year or the preceding calendar year, each
A. 7825 18
1 day being in a different calendar week, and the liability shall in such
2 event commence on the first day of the calendar year, or
3 (3) is liable for the tax imposed under the federal unemployment tax
4 act as an employer of agricultural labor and the liability shall in such
5 event commence on the first day of the calendar quarter in such calendar
6 year when he first paid remuneration for agricultural labor in this
7 state.
8 (b) An employer who becomes liable for contributions under paragraph
9 (a) of this subdivision shall cease to be liable as of the first day of
10 a calendar quarter next following the filing of a written application
11 provided the commissioner finds that the employer:
12 (1) has not paid to persons employed in agricultural labor cash remun-
13 eration of twenty thousand dollars or more in any of the eight calendar
14 quarters preceding such day, and
15 (2) has not employed in agricultural labor ten or more persons on each
16 of twenty days during the current or the preceding calendar year, each
17 day being in a different week, and
18 (3) is not liable for the tax imposed under the federal unemployment
19 tax act as an employer of agricultural labor.
20 2. Crew leader.] Whenever a person renders services as a member of a
21 crew which is paid and furnished by the crew leader to perform services
22 in agricultural labor for another employer, such other employer shall,
23 for the purpose of this article, be deemed to be the employer of such
24 person, unless:
25 [(a)] 1. the crew leader holds a valid certificate of registration
26 under the federal farm labor contractor registration act of nineteen
27 hundred sixty-three or substantially all the members of the crew operate
28 or maintain tractors, mechanized harvesting or cropdusting machinery or
29 any other mechanized equipment which is provided by the crew leader, and
30 [(b)] 2. the crew leader is not an employee of such other employer and
31 has not entered into a written agreement with such employer under which
32 he is designated as an employee.
33 § 44. Section 592 of the labor law, as amended by chapter 415 of the
34 laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
35 2010, is amended to read as follows:
36 § 592. [Suspension of accumulation of benefit rights. 1. Industrial
37 controversy. (a) The accumulation of benefit rights by a claimant shall
38 be suspended during a period of seven consecutive weeks beginning with
39 the day after such claimant lost his or her employment because of a
40 strike or other industrial controversy except for lockouts, including
41 concerted activity not authorized or sanctioned by the recognized or
42 certified bargaining agent of the claimant, and other concerted activity
43 conducted in violation of any existing collective bargaining agreement,
44 in the establishment in which he or she was employed, except that bene-
45 fit rights may be accumulated before the expiration of such seven weeks
46 beginning with the day after such strike or other industrial controversy
47 was terminated.
48 (b) Benefits shall not be suspended under this section if:
49 (i) The employer hires a permanent replacement worker for the employ-
50 ee's position. A replacement worker shall be presumed to be permanent
51 unless the employer certifies in writing that the employee will be able
52 to return to his or her prior position upon conclusion of the strike, in
53 the event the strike terminates prior to the conclusion of the employ-
54 ee's eligibility for benefit rights under this chapter. In the event the
55 employer does not permit such return after such certification, the
56 employee shall be entitled to recover any benefits lost as a result of
A. 7825 19
1 the seven week suspension of benefits, and the department may impose a
2 penalty upon the employer of up to seven hundred fifty dollars per
3 employee per week of benefits lost. The penalty collected shall be paid
4 into the unemployment insurance control fund established pursuant to
5 section five hundred fifty-two-b of this article; or
6 (ii) The commissioner determines that the claimant:
7 (A) is not employed by an employer that is involved in the industrial
8 controversy that caused his or her unemployment and is not participating
9 in the industrial controversy; or
10 (B) is not in a bargaining unit involved in the industrial controversy
11 that caused his or her unemployment and is not participating in the
12 industrial controversy.
13 2.] Concurrent payments prohibited. No days of total unemployment
14 shall be deemed to occur in any week with respect to which or a part of
15 which a claimant has received or is seeking unemployment benefits under
16 an unemployment compensation law of any other state or of the United
17 States, provided that this provision shall not apply if the appropriate
18 agency of such other state or of the United States finally determines
19 that he is not entitled to such unemployment benefits.
20 [3. Terms of suspension. No waiting period may be served during a
21 suspension period.
22 The suspension of accumulation of benefit rights shall not be termi-
23 nated by subsequent employment of the claimant irrespective of when the
24 claim is filed except as provided in subdivision one and shall not be
25 confined to a single benefit year.
26 A "week" as used in subdivision one of this section means any seven
27 consecutive calendar days.]
28 § 45. This act shall take effect immediately; provided, however, that
29 the amendments to paragraph (a) of subdivision 5 of section 590 of the
30 labor law, as amended by section nine-a of this act shall take effect at
31 the same time and in the same manner as section 8 of part O of chapter
32 57 of the laws of 2013, takes effect; provided, further, that the amend-
33 ments to subdivision 1 of section 591 of the labor law made by section
34 twelve of this act shall be subject to the expiration and reversion of
35 such subdivision pursuant to section 10 of chapter 413 of the laws of
36 2003, as amended, when upon such date the provisions of section thirteen
37 of this act shall take effect; provided, further, however, that the
38 amendment to section 591-a of the labor law made by section fourteen of
39 this act shall not affect the repeal of such section and shall be deemed
40 repealed therewith.
