Bill Text: NY A02633 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the elimination of employer unemployment contributions for employees fired for misconduct.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-01-08 - referred to labor [A02633 Detail]
Download: New_York-2013-A02633-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2633 2013-2014 Regular Sessions I N A S S E M B L Y January 17, 2013 ___________ Introduced by M. of A. MORELLE, SCHIMMINGER -- Multi-Sponsored by -- M. of A. CLARK -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the elimination of employ- er unemployment contributions for employees fired for misconduct THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph 2 of paragraph (e) of subdivision 1 of 2 section 581 of the labor law is amended by adding a new clause (vi) to 3 read as follows: 4 (VI) IN THOSE INSTANCES WHERE THE CLAIMANT HAS BEEN DENIED BENEFITS 5 DUE TO TERMINATION FOR MISCONDUCT, THE TERMINATING EMPLOYER SHALL BE 6 EXCLUDED FROM A CALCULATION OF BENEFITS UNDER THIS SUBPARAGRAPH. 7 S 2. Section 581 of the labor law is amended by adding a new subdivi- 8 sion 2-a to read as follows: 9 2-A. AN EMPLOYER'S ACCOUNT SHALL NOT BE CHARGED, AND CHARGES SHALL NOT 10 BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS PAID TO A CLAIMANT WHEN 11 SUCH CLAIMANT FITS THE CRITERIA DESCRIBED IN SECTION FIVE HUNDRED NINE- 12 TY-FOUR-A OF THIS ARTICLE OR WHEN SUCH EMPLOYER IS SUCCESSFUL IN A HEAR- 13 ING AS PROVIDED BY SECTION FIVE HUNDRED NINETY-THREE-A OF THIS ARTICLE. 14 S 3. The labor law is amended by adding a new section 594-a to read as 15 follows: 16 S 594-A. REDUCTION IN BENEFITS DUE TO MISCONDUCT. 1. WHENEVER AN INDI- 17 VIDUAL WHO HAS FILED A PREVIOUS VALID ORIGINAL CLAIM PURSUANT TO THIS 18 TITLE HAS RECEIVED REMUNERATION FROM EMPLOYMENT SUBSEQUENT TO FILING A 19 VALID ORIGINAL CLAIM AND SUCH INDIVIDUAL HAS BEEN RELIEVED OF SUCH 20 EMPLOYMENT THROUGH MISCONDUCT, SUCH INDIVIDUAL'S VALID ORIGINAL CLAIM 21 SHALL BE REDUCED BY THE AMOUNT OF REMUNERATION RECEIVED SUBSEQUENT TO 22 FILING THE VALID ORIGINAL CLAIM; PROVIDED THAT SUCH REDUCTION SHALL 23 APPLY TO AT LEAST THE FIRST FOUR BUT NOT MORE THAN THE FIRST EIGHTY 24 EFFECTIVE DAYS FOLLOWING ANY RE-FILING OR ATTEMPT TO COLLECT BENEFITS ON 25 SUCH VALID ORIGINAL CLAIM. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06536-01-3 A. 2633 2 1 2. WHENEVER SUCH INDIVIDUAL AS DESCRIBED IN SUBDIVISION ONE OF THIS 2 SECTION RE-FILES OR COLLECTS BENEFITS ON HIS OR HER VALID ORIGINAL 3 CLAIM, EMPLOYERS IN THE BASE PERIOD OF SUCH VALID ORIGINAL CLAIM SHALL 4 NOT CONTRIBUTE A HIGHER PERCENTAGE OF BENEFITS OF SUCH VALID ORIGINAL 5 CLAIM NOR SHALL ANY REMUNERATION RECEIVED BY SUCH INDIVIDUAL FROM AN 6 EMPLOYER THAT HAS RELIEVED HIM OR HER FROM EMPLOYMENT FOR MISCONDUCT BE 7 INCLUDED IN ANY BASE PERIOD CALCULATION. 8 S 4. Subdivision 3 of section 593 of the labor law, as amended by 9 chapter 589 of the laws of 1998, is amended to read as follows: 10 3. Misconduct. No days of total unemployment shall be deemed to occur 11 after a claimant lost employment through misconduct in connection with 12 his or her employment [until he or she has subsequently worked in 13 employment and earned remuneration at least equal to five times his or 14 her weekly benefit rate]. 15 S 5. The labor law is amended by adding a new section 593-a to read as 16 follows: 17 S 593-A. MISCONDUCT; HEARINGS AND DETERMINATIONS. 1. WHENEVER AN 18 EMPLOYER IN THE BASE PERIOD RECEIVES NOTICE THAT A CLAIMANT HAS FILED A 19 CLAIM AND SUCH EMPLOYER HAS TERMINATED SUCH CLAIMANT FOR MISCONDUCT, 20 SUCH EMPLOYER MAY OBJECT TO SUCH CLAIM; PROVIDED, THAT SUCH OBJECTION 21 MUST BE FILED WITH THE DEPARTMENT WITHIN TEN DAYS OF SERVICE OF SUCH 22 NOTICE. 23 2. IF ANY EMPLOYER DESCRIBED IN SUBDIVISION ONE OF THIS SECTION 24 COMPLIES WITH THE FILING REQUIREMENTS OF SUCH SECTION THEN SUCH EMPLOYER 25 SHALL BE ENTITLED TO A HEARING WITH THE DEPARTMENT WITHIN THIRTY DAYS OF 26 THE FILING DATE OF SUCH OBJECTION. IF SUCH EMPLOYER PREVAILS IN SUCH A 27 HEARING THEN THE DETERMINATION OF THE DEPARTMENT SHALL CONSTITUTE A 28 FINAL DETERMINATION FOR PURPOSES OF THIS CHAPTER. 29 3. IF THE TERMINATING EMPLOYER SUCCESSFULLY DEMONSTRATES THAT SUCH 30 CLAIMANT WAS TERMINATED FOR MISCONDUCT THEN SUCH EMPLOYER SHALL NOT BE 31 INCLUDED IN ANY BASE PERIOD, WHETHER PRIOR OR SUBSEQUENT TO ANY VALID 32 ORIGINAL CLAIM, FOR PURPOSES OF CONTRIBUTION TO THE GENERAL ACCOUNT. IF 33 SUCH EMPLOYER SUCCESSFULLY DEMONSTRATES THAT SUCH CLAIMANT WAS TERMI- 34 NATED FOR MISCONDUCT THEN SUCH EMPLOYER'S EXPERIENCE RATING SHALL REMAIN 35 UNCHANGED. 36 S 6. This act shall take effect immediately.