Bill Text: NY A01325 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to unemployment insurance benefits for professional employment by certain educational institutions including those assigned the North American industry classification code 611310 or 611210.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A01325 Detail]
Download: New_York-2019-A01325-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1325 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to unemployment insurance benefits for professional employment by certain education institutions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Higher 2 Education Employment Protection Act." 3 § 2. Subdivision 10 of section 590 of the labor law is amended by 4 adding a new paragraph (d) to read as follows: 5 (d) In the case of colleges or universities assigned the North Ameri- 6 can industry classification code 611310 or 611210 for services performed 7 in a principal, administrative, research or instructional capacity a 8 person is presumed not to have reasonable assurance under an offer that 9 is conditioned on enrollment, funding or programmatic changes. It is the 10 employer's burden to provide sufficient documentation to overcome this 11 presumption. Reasonable assurance must be determined on a case-by-case 12 basis by the total weight of evidence rather than the existence of any 13 one factor. Primary weight must be given to the contingent nature of an 14 offer of employment based on enrollment, funding and program changes. 15 Provided, however, that in any unemployment insurance proceeding a writ- 16 ten letter from an employer to an employee which makes employment condi- 17 tional shall not be prima facie evidence of reasonable assurance to be 18 used to deny a claim for unemployment. 19 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05870-01-9