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
________________________________________________________________________
10297--A
IN ASSEMBLY
April 15, 2020
___________
Introduced by M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, McDONALD,
THIELE, JAFFEE, LUPARDO, BUCHWALD, GALEF, GRIFFIN, McMAHON, OTIS,
DICKENS, STIRPE, WRIGHT, GOODELL, PAULIN -- Multi-Sponsored by -- M.
of A. SCHIMMINGER -- 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
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 novel coronavirus, COVID-19, or
8 due to a mandatory order of a government entity duly authorized to issue
9 such order to close such employer, on or after March twelfth, two thou-
10 sand twenty shall not have included in their experience rating charges
11 the amounts so paid to the employees from the fund.
12 4. The provisions of this section shall apply to an employer liable
13 for payments in lieu of contributions, but if the secretary of labor of
14 the United States finds that their application to such employer does not
15 meet the requirements of the Federal Unemployment Tax Act, such
16 provisions shall be inoperative with respect to such employer, unless
17 and until such finding has been set aside pursuant to a final decision
18 issued in accordance with such judicial review proceedings as may be
19 instituted and completed under the provisions of section thirty-three
20 hundred ten of the Federal Unemployment Tax Act.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16077-03-0
