Bill Text: NY A02001 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 31-6)

Status: (Introduced) 2021-01-26 - substituted by s1197 [A02001 Detail]

Download: New_York-2021-A02001-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2001--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, THIELE,
          LUPARDO, GALEF,  GRIFFIN,  McMAHON,  OTIS,  DICKENS,  STIRPE,  PAULIN,
          SIMON,  GOODELL,  TAGUE  -- 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; and providing for the repeal of such provisions
          upon the expiration thereof

          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 the COVID-19 pandemic, or due  to
     8  a  mandatory  order of a government entity duly authorized to issue such
     9  order to close such employer due to the COVID-19 pandemic, on  or  after
    10  March  twelfth,  two  thousand  twenty  shall not have included in their
    11  experience rating charges the amounts so paid to the employees from  the
    12  fund.
    13    4.  The  provisions  of this section shall apply to an employer liable
    14  for payments in lieu of contributions, but if the secretary of labor  of
    15  the United States finds that their application to such employer does not
    16  meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
    17  provisions shall be inoperative with respect to  such  employer,  unless
    18  and  until  such finding has been set aside pursuant to a final decision
    19  issued in accordance with such judicial review  proceedings  as  may  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04131-03-1

        A. 2001--A                          2

     1  instituted  and  completed  under the provisions of section thirty-three
     2  hundred ten of the Federal Unemployment Tax Act.
     3    §  2. This act shall take effect immediately and shall expire December
     4  31, 2021, when upon such date the provisions of this act shall be deemed
     5  repealed.
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