Bill Text: NY S00585 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 585 (Prior Session Legislation)

Introduced

Bill Title: Provides that an offer of employment or assignment made to a part-time faculty employee by a higher education institution which is contingent on enrollment, funding, or programmatic changes shall not constitute reasonable assurance of continued employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S00585 Detail]

Download: New_York-2017-S00585-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           585
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the labor law, in  relation  to  unemployment  insurance
          benefits  for  professional  employment  by certain educational insti-
          tutions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 10 of section 590 of the labor law is amended
     2  by adding a new paragraph (d) to read as follows:
     3    (d) In the case of colleges or universities assigned the North  Ameri-
     4  can industry classification code 611310 or 611210 for services performed
     5  in  a  principal,  administrative,  research or instructional capacity a
     6  person is presumed not to have reasonable assurance under an offer  that
     7  is conditioned on enrollment, funding or programmatic changes. It is the
     8  employer's  burden  to provide sufficient documentation to overcome this
     9  presumption. Reasonable assurance must be determined on  a  case-by-case
    10  basis  by  the total weight of evidence rather than the existence of any
    11  one factor. Primary weight must be given to the contingent nature of  an
    12  offer  of  employment  based on enrollment, funding and program changes.
    13  Provided, however, that in any unemployment insurance proceeding a writ-
    14  ten letter from an employer to an employee which makes employment condi-
    15  tional shall not be prima facie evidence of reasonable assurance  to  be
    16  used to deny a claim for unemployment.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00077-01-7