Bill Text: NY A02822 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that where an unemployment claimant was employed by a municipality for less than 2 days during the year preceding the filing of a valid claim and continues to be so employed, the municipality's unemployment account shall not be charged for unemployment benefits paid to such claimant.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2012-06-06 - held for consideration in labor [A02822 Detail]

Download: New_York-2011-A02822-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2822
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced by M. of A. CALHOUN, KOLB, McDONOUGH -- Multi-Sponsored by --
         M. of A. CROUCH, SAYWARD -- read once and referred to the Committee on
         Labor
       AN  ACT  to amend the labor law, in relation to experience rating charge
         for unemployment benefits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph 5 of paragraph (e) of subdivision 1 of section
    2  581  of the labor law, as amended by chapter 589 of the laws of 1998, is
    3  amended to read as follows:
    4    (5)  If an employer who employed the claimant in the four weeks  imme-
    5  diately preceding the filing of a valid original claim demonstrates that
    6  the  employer has continuously employed the claimant without significant
    7  interruption and substantially to the same extent and in the same manner
    8  as during the weeks immediately preceding the filing of a valid original
    9  claim in which the claimant was employed by such employer, OR WHERE  THE
   10  CLAIMANT  WAS EMPLOYED BY A MUNICIPALITY FOR LESS THAN TWO DAYS PER WEEK
   11  DURING THE YEAR IMMEDIATELY PRECEDING THE FILING  OF  A  VALID  ORIGINAL
   12  CLAIM  AND CONTINUES TO BE EMPLOYED BY SUCH MUNICIPALITY, the account of
   13  such employer shall not be charged with benefits paid to  such  claimant
   14  for  any weeks of such continuing employment, and such experience rating
   15  charges shall be made to the general account.  The provisions set  forth
   16  in the foregoing sentence shall apply with respect to an employer liable
   17  for  payments in lieu of contributions, but if the secretary of labor of
   18  the United States finds that their application to such    employer  does
   19  not  meet  the  requirements  of  the federal unemployment tax act, such
   20  provisions shall not thereafter apply to such employer, unless and until
   21  such finding has been set aside pursuant to a final decision  issued  in
   22  accordance  with  such  judicial review proceedings as may be instituted
   23  and completed under the provisions of section thirty-three  hundred  ten
   24  of the federal unemployment tax act.
   25    S  2. This act shall take effect on the first of January next succeed-
   26  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02852-01-1