Bill Text: NY S00357 | 2013-2014 | General Assembly | Amended

---

Bill Title: Relates to the refusal to work and the disqualification of benefits.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-29 - PRINT NUMBER 357A [S00357 Detail]

Download: New_York-2013-S00357-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        357--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. GALLIVAN, YOUNG -- read twice and ordered printed,
         and when printed to be committed to the Committee on Labor  --  recom-
         mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
         sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       AN ACT to amend the labor law, in relation to disqualification for bene-
         fits and refusal of employment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 593 of the labor law,  as  amended
    2  by  chapter 415 of the laws of 1983, the opening paragraph as amended by
    3  section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
    4  added by chapter 589 of the laws of 1998 and paragraphs (d) and  (e)  as
    5  amended  by  chapter  35  of  the  laws  of  2009, is amended to read as
    6  follows:
    7    2. Refusal of employment. No  days  of  total  unemployment  shall  be
    8  deemed to occur beginning with the day on which a claimant, without good
    9  cause,  refuses  to accept an offer of employment for which he or she is
   10  reasonably fitted by training and experience, including  employment  not
   11  subject  to  this  article,  until  he or she has subsequently worked in
   12  employment and earned remuneration at least equal to ten  times  his  or
   13  her  weekly benefit rate. Except that claimants who are not subject to a
   14  recall date or who do not obtain employment through a union hiring  hall
   15  and who are still unemployed after receiving ten weeks of benefits shall
   16  be  required  to accept any employment proffered that such claimants are
   17  capable of performing, provided that such employment would result  in  a
   18  wage  not less than SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES RECEIVED
   19  IN THE BASE PERIOD; OR WOULD  RESULT  IN  A  WAGE  GREATER  THAN  eighty
   20  percent  of  such claimant's high calendar quarter wages received in the
   21  base period and not substantially less  than  the  prevailing  wage  for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02125-02-4
       S. 357--A                           2
    1  similar  work  in  the locality as provided for in paragraph (d) of this
    2  subdivision. No refusal to accept employment  shall  be  deemed  without
    3  good  cause  nor  shall it disqualify any claimant otherwise eligible to
    4  receive benefits if:
    5    (a) a refusal to accept employment which would interfere with a claim-
    6  ant's  right  to  join or retain membership in any labor organization or
    7  otherwise interfere with or violate the terms of a collective bargaining
    8  agreement shall be with good cause; OR
    9    (b) there is a strike, lockout, or other industrial controversy in the
   10  establishment in which the employment is offered; or
   11    (c) the employment is at an unreasonable distance from his  residence,
   12  or  travel to and from the place of employment involves expense substan-
   13  tially greater than that required in his former  employment  unless  the
   14  expense be provided for; or
   15    (d)  THE  WAGES  AND  COMPENSATION  ARE LESS THAN SUCH CLAIMANT'S HIGH
   16  CALENDAR QUARTER WAGES AND COMPENSATION RECEIVED, the wages  or  compen-
   17  sation [or hours or conditions] offered are substantially less favorable
   18  to  the claimant than those prevailing for similar work in the locality,
   19  or are such as tend to depress wages [or working conditions]; OR
   20    (E) THE HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY  LESS  FAVORABLE
   21  TO  THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE LOCALITY,
   22  OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or
   23    [(e)] (F) the claimant is seeking part-time work as provided in subdi-
   24  vision five of section five hundred ninety-six of  this  title  and  the
   25  offer  of  employment  is not comparable to his or her part-time work as
   26  defined in such subdivision.
   27    S 2. This act shall take effect immediately.