Provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.
STATE OF NEW YORK
________________________________________________________________________
1276
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
___________
Introduced by Sen. PERALTA -- 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 unemployment insurance
benefits for professional employment by certain educational insti-
tutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 590 of the labor law is amended
2 by adding a new paragraph (d) to read as follows:
3 (d) In the case of colleges or universities assigned the North Ameri-
4 can industry classification code 611310 or 611210 for services performed
5 in a principal, administrative, research or instructional capacity a
6 person is presumed not to have reasonable assurance under an offer that
7 is conditioned on enrollment, funding or programmatic changes. It is the
8 employer's burden to provide sufficient documentation to overcome this
9 presumption. Reasonable assurance must be determined on a case-by-case
10 basis by the total weight of evidence rather than the existence of any
11 one factor. Primary weight must be given to the contingent nature of an
12 offer of employment based on enrollment, funding and program changes.
13 Provided, however, that in any unemployment insurance proceeding a writ-
14 ten letter from an employer to an employee which makes employment condi-
15 tional shall not be prima facie evidence of reasonable assurance to be
16 used to deny a claim for unemployment.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00376-01-5
