Bill Text: NY S07880 | 2009-2010 | General Assembly | Introduced
Bill Title: Increases unemployment insurance benefits; relates to fees and expenses in unemployment insurance proceedings and non-recoverable benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-19 - REFERRED TO LABOR [S07880 Detail]
Download: New_York-2009-S07880-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7880
I N S E N A T E
May 19, 2010
___________
Introduced by Sen. ESPADA -- 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 increasing unemployment
insurance benefits; to amend chapter 831 of the laws of 1981 amending
the labor law relating to fees and expenses in unemployment insurance
proceedings, in relation to the effectiveness thereof; to amend the
labor law, in relation to non-recoverable benefits; and to amend chap-
ter 413 of the laws of 2003 amending the labor law relating to the
self-employment assistance program and other matters, in relation to
the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 590 of the labor law, as amended
2 by chapter 413 of the laws of 2003, is amended to read as follows:
3 5. Benefit rate. A claimant's weekly benefit amount shall be one twen-
4 ty-sixth of the remuneration paid during the highest calendar quarter of
5 the base period by employers, liable for contributions or payments in
6 lieu of contributions under this article. However, for claimants whose
7 high calendar quarter remuneration during the base period is [three
8 thousand five hundred seventy-five] EIGHT THOUSAND dollars or less, the
9 benefit amount shall be [one twenty-fifth] ONE TWENTY-SECOND of the
10 remuneration paid during the highest calendar quarter of the base period
11 by employers liable for contributions or payments in lieu of contrib-
12 utions under this article. Any claimant whose high calendar quarter
13 remuneration during the base period is more than [three thousand five
14 hundred seventy-five] EIGHT THOUSAND dollars shall not have a weekly
15 benefit amount less than [one hundred forty-three] THREE HUNDRED SIXTY
16 dollars. The weekly benefit amount, so computed, that is not a multiple
17 of one dollar shall be [lowered to] the next multiple of one dollar. On
18 the first Monday of September, nineteen hundred ninety-eight the weekly
19 benefit amount shall not exceed three hundred sixty-five dollars nor be
20 less than forty dollars, until the first Monday of September, two thou-
21 sand, at which time the maximum benefit payable pursuant to this subdi-
22 vision shall equal one-half of the state average weekly wage for covered
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17410-01-0
S. 7880 2
1 employment as calculated by the department no sooner than July first,
2 two thousand and no later than August first, two thousand, rounded
3 [down] to the [lowest] NEXT dollar. ON THE FIRST MONDAY OF JULY, TWO
4 THOUSAND TEN, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVENTY-
5 FIVE DOLLARS NOR LESS THAN SEVENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY
6 OF JULY, TWO THOUSAND ELEVEN AT WHICH TIME THE WEEKLY BENEFIT SHALL NOT
7 EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF JULY,
8 TWO THOUSAND TWELVE AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT SHALL NOT
9 EXCEED FIVE HUNDRED SEVENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF
10 JULY, TWO THOUSAND THIRTEEN, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
11 SHALL NOT EXCEED SIX HUNDRED TWENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY
12 OF JULY, TWO THOUSAND FOURTEEN, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
13 PURSUANT TO THIS SUBDIVISION SHALL EQUAL ONE-HALF OF THE STATE AVERAGE
14 WEEKLY WAGE AS CALCULATED BY THE DEPARTMENT NO SOONER THAN JULY FIRST,
15 TWO THOUSAND FOURTEEN AND NOT LATER THAN AUGUST FIRST, TWO THOUSAND
16 FOURTEEN AND ON JULY FIRST OF EACH SUCCEEDING YEAR THE MAXIMUM BENEFIT
17 SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY
18 THE DEPARTMENT ANNUALLY PURSUANT TO THE MANNER DESCRIBED IN THIS SUBDI-
19 VISION.
20 S 2. Paragraph (a) of subdivision 1 of section 518 of the labor law,
21 as amended by chapter 589 of the laws of 1998, is amended to read as
22 follows:
23 (a) "Wages" means all remuneration paid, except that such term does
24 not include remuneration paid to an employee by an employer after [eight
25 thousand five hundred] NINE THOUSAND SEVEN HUNDRED FIFTY dollars have
26 been paid to such employee by such employer with respect to employment
27 during any calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU-
28 SAND ELEVEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
29 EMPLOYER AFTER ELEVEN THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO
30 SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY
31 CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND TWELVE,
32 NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER
33 THIRTEEN THOUSAND DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH
34 EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING
35 THE FIRST DAY OF JANUARY, TWO THOUSAND THIRTEEN, NOR TO INCLUDE REMUNER-
36 ATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER FIFTEEN THOUSAND DOLLARS
37 HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOY-
38 MENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO
39 THOUSAND FOURTEEN. IN EACH SUCCEEDING CALENDAR YEAR, THE DEPARTMENT
40 SHALL CALCULATE THE BASE AMOUNT OF REMUNERATION NECESSARY FROM WHICH TO
41 PRODUCE SUFFICIENT PREMIUM TO PROVIDE FOR THE ANNUAL INCREASES IN MAXI-
42 MUM WEEKLY BENEFIT PROVIDED FOR IN THIS ARTICLE, AND OTHER FUNDING FOR
43 THE UNEMPLOYMENT INSURANCE TRUST FUND PURSUANT TO SECTION FIVE HUNDRED
44 FIFTY OF THIS ARTICLE, AS MAY BE NECESSARY. The term "employment"
45 includes for the purposes of this subdivision services constituting
46 employment under any unemployment compensation law of another state or
47 the United States.
48 S 3. Subdivision 1 of section 593 of the labor law, as amended by
49 chapter 35 of the laws of 2009, is amended to read as follows:
50 1. Voluntary separation; separation for a compelling family reason.
51 (a) No days of total unemployment shall be deemed to occur after a
52 claimant's voluntary separation without good cause from employment until
53 he or she has subsequently worked in employment and earned remuneration
54 at least equal to five times his or her weekly benefit rate. In addition
55 to other circumstances that may be found to constitute good cause,
56 including a compelling family reason as set forth in paragraph (b) of
S. 7880 3
1 this subdivision, voluntary separation from employment shall not in
2 itself disqualify a claimant if circumstances have developed in the
3 course of such employment that would have justified the claimant in
4 refusing such employment in the first instance under the terms of subdi-
5 vision two of this section or if the claimant, pursuant to an option
6 provided under a collective bargaining agreement or written employer
7 plan which permits waiver of his OR HER right to retain the employment
8 when there is a temporary layoff because of lack of work, has elected to
9 be separated for a temporary period and the employer has consented ther-
10 eto.
11 (b) A claimant shall not be disqualified from receiving benefits for
12 separation from employment due to any compelling family reason. For
13 purposes of this paragraph, the term "compelling family reason" shall
14 include, but not be limited to, separations related to any of the
15 following:
16 (i) domestic violence, verified by reasonable and confidential
17 documentation which causes the individual reasonably to believe that
18 such individual's continued employment would jeopardize his or her safe-
19 ty or the safety of any member of his or her immediate family.
20 (ii) the illness or disability of a member of the individual's immedi-
21 ate family. For the purposes of this subparagraph:
22 (A) The term "illness" means a verified illness which necessitates the
23 care of the ill person for a period of time longer than the employer is
24 willing to grant leave (paid or otherwise).
25 (B) The term "disability" means a verified disability which necessi-
26 tates the care of the disabled person for a period of time longer than
27 the employer is willing to grant leave (paid or otherwise). "Disability"
28 encompasses all types of disability, including: (1) mental and physical
29 disability; (2) permanent and temporary disabilities; and (3) partial
30 and total disabilities.
31 (iii) the need for the individual to accompany such individual's
32 spouse (A) to a place from which it is impractical for such individual
33 to commute and (B) due to a change in location of the spouse's employ-
34 ment.
35 [(c) A disqualification as provided in this subdivision shall also
36 apply after a claimant's voluntary separation from employment if such
37 voluntary separation was due to claimant's marriage.]
38 S 4. Paragraph (d) of subdivision 11 of section 590 of the labor law
39 is relettered paragraph (e) and a new paragraph (d) is added to read as
40 follows:
41 (D) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN
42 INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN
43 EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
44 SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH
45 CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
46 THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
47 IS THE COLLEGE'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME
48 THIS PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON A CASE-BY-
49 CASE BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF
50 ANY ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF
51 AN OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
52 PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
53 TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
54 TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
55 USED TO DENY A CLAIM FOR UNEMPLOYMENT.
S. 7880 4
1 S 5. Subdivision 10 of section 590 of the labor law is amended by
2 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 S 6. Section 599 of the labor law, as amended by chapter 593 of the
18 laws of 1991, is amended to read as follows:
19 S 599. Career and related training; preservation of eligibility. 1.
20 Notwithstanding any other provision of this article, a claimant shall
21 not become ineligible for benefits because of the claimant's regular
22 attendance in a program of training which the commissioner has approved.
23 The commissioner shall give due consideration to existing and prospec-
24 tive conditions of the labor market in the state, taking into account
25 present and anticipated supply and demand regarding the occupation or
26 skill to which the training relates, and to any other relevant factor. A
27 DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
28 SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
29 THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
30 THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
31 STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
32 OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
33 THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
34 er, in no event shall the commissioner approve [such] training for a
35 claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
36 ENTITY LISTED ABOVE unless:
37 (a) (1) the training will upgrade the claimant's existing skill or
38 train the claimant for an occupation likely to lead to more regular long
39 term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
40 WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
41 (2) employment opportunities for the claimant are or may be substan-
42 tially impaired because of:
43 (i) existing or prospective conditions of the labor market in the
44 locality or in the state or reduced opportunities for employment in the
45 claimant's occupation or skill; or
46 (ii) technological change, plant closing or plant removal, discontin-
47 uance of specific plant operations, or similar reasons; or
48 (iii) limited opportunities for employment throughout the year due to
49 the seasonal nature of the industry in which the claimant is customarily
50 employed; or
51 (iv) the claimant's personal traits such as physical or mental hand-
52 icap; and
53 (b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
54 CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
55 relates to an occupation or skill for which there are, or are expected
S. 7880 5
1 to be in the immediate future, reasonable employment opportunities in
2 the state; and
3 (c) the training is offered by a competent and reliable agency and
4 does not require more than twenty-four months to complete; and
5 (d) the claimant has the required qualifications and aptitudes to
6 complete the training successfully.
7 2. (a) Notwithstanding any other provision of this chapter, a claimant
8 attending an approved training course or program under this section may
9 receive additional benefits of up to one hundred four effective days
10 following exhaustion of regular and, if in effect, any other extended
11 benefits, provided that entitlement to a new benefit claim cannot be
12 established. Certification of continued satisfactory participation and
13 progress in such training course or program must be submitted to the
14 commissioner prior to the payment of any such benefits. [The duration of
15 such additional benefits shall in no case exceed twice the number of
16 effective days of regular benefits to which the claimant is entitled at
17 the time the claimant is accepted in, or demonstrates application for
18 appropriate training.] ANY UNEMPLOYED INDIVIDUAL RECEIVING UNEMPLOYMENT
19 INSURANCE BENEFITS PAYABLE UNDER THIS SUBDIVISION, WHO NOTIFIES THE
20 DEPARTMENT WITH THE INTENT TO SEEK TRAINING OPPORTUNITIES UNDER THIS
21 ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF HIS OR HER RECEIVING BENE-
22 FITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE, IS
23 ENTITLED TO A TRAINING EXTENSION OF THE FULL ONE HUNDRED FOUR EFFECTIVE
24 DAYS ON HIS OR HER UNEMPLOYMENT COMPENSATION CLAIM, IF NECESSARY, TO
25 COMPLETE APPROVED TRAINING.
26 (b) No more than [twenty] FIFTY million dollars of benefits per year
27 shall be made available for payment to claimants participating in such
28 courses or programs.
29 (c) Participation in such training course or program shall not be
30 limited to any selected areas or localities of the state but subject to
31 the availability of funds, shall be available to any claimant otherwise
32 eligible to participate in training courses or programs pursuant to this
33 section.
34 (d) The additional benefits paid to a claimant shall be charged to the
35 general account.
36 3. Notwithstanding any other provision of this article, a claimant who
37 is in training approved under the federal trade act of nineteen hundred
38 seventy-four shall not be disqualified or become ineligible for benefits
39 because he OR SHE is in such training or because he OR SHE left employ-
40 ment which is not suitable employment to enter such training. For
41 purposes hereof, "suitable employment" means work of a substantially
42 equal or higher skill level than the claimant's past adversely affected
43 employment and for which the remuneration is not less than eighty
44 percent of the claimant's average weekly wage.
45 S 7. Section 3 of chapter 831 of the laws of 1981, amending the labor
46 law relating to fees and expenses in unemployment insurance proceedings,
47 as amended by chapter 634 of the laws of 2008, is amended to read as
48 follows:
49 S 3. This act shall take effect January 1, 1982, provided, however,
50 that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
51 law as added by section one of this act shall remain in full force and
52 effect until December 31, [2010] 2013.
53 S 8. Article 18 of the labor law is amended by adding a new title 7-B
54 to read as follows:
55 TITLE 7-B
56 UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
S. 7880 6
1 SECTION 615. DEFINITIONS.
2 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC
3 VIOLENCE SURVIVORS.
4 617. TRAINING PROGRAM.
5 S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
6 1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
7 EMPLOYEE'S DEPENDENT CHILD BY:
8 (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
9 (B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
10 COMMON; OR
11 (C) A PERSON WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE
12 EMPLOYEE; OR
13 (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
14 (E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
15 RELATIONSHIP.
16 2. "ABUSE" MEANS:
17 (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
18 (B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
19 OR
20 (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
21 BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
22 (D) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
23 STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
24 (E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
25 NECESSITIES OF LIFE; OR
26 (F) RESTRAINING THE LIBERTY OF ANOTHER.
27 S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
28 SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
29 PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
30 TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
31 TO DOMESTIC VIOLENCE, INCLUDING:
32 (A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
33 EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
34 (B) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
35 ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
36 (C) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
37 LEGAL IMPACTS OF DOMESTIC VIOLENCE.
38 (D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
39 ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
40 OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
41 (E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
42 TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
43 THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
44 2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
45 PROVIDING ONE OF THE FOLLOWING:
46 (A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
47 ISSUED BY A COURT OF COMPETENT JURISDICTION;
48 (B) A POLICE RECORD DOCUMENTING THE ABUSE;
49 (C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
50 CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
51 (D) MEDICAL DOCUMENTATION OF THE ABUSE;
52 (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
53 MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
54 SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
55 ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
56 (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
S. 7880 7
1 3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
2 ING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE
3 DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
4 THE CLAIMANT.
5 4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
6 TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
7 TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
8 DOMESTIC VIOLENCE.
9 S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
10 ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
11 ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
12 STATUS.
13 2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
14 THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
15 BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
16 TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
17 FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE
18 TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
19 MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
20 AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
21 TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
22 MENT.
23 S 9. Subdivision 1 of section 560 of the labor law, as amended by
24 chapter 103 of the laws of 1965, is amended to read as follows:
25 1. Liability. Any employer shall become liable for contributions under
26 this article if he has paid remuneration of [three hundred] ONE THOUSAND
27 dollars or more in any calendar quarter, except that liability with
28 respect to persons employed in personal or domestic service in private
29 homes shall be considered separately and an employer shall become liable
30 for contributions with respect to such persons only if he has paid to
31 them remuneration in cash of five hundred dollars or more in any calen-
32 dar quarter. Such liability for contributions shall commence on the
33 first day of such calendar quarter.
34 S 10. Paragraph (c) of subdivision 1 of section 538 of the labor law,
35 as amended by chapter 831 of the laws of 1981, is amended to read as
36 follows:
37 (c) Claims of representatives for services rendered to a claimant in
38 connection with any claim arising under this article shall not be
39 enforceable unless approved by the appeal board and shall in no event
40 exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
41 PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF
42 THIS ARTICLE, except as provided in paragraph (d) of this subdivision.
43 In approving any fee requested by a representative pursuant to this
44 section, the appeal board shall consider the following factors: (i) the
45 total benefit allowed; (ii) the time spent in providing representation;
46 (iii) the legal and factual complexities involved; and (iv) such other
47 factors as the appeal board may deem relevant.
48 S 11. Subdivision 4 of section 597 of the labor law, as amended by
49 chapter 61 of the laws of 1998, is amended to read as follows:
50 4. Effect of review. Whenever a new determination in accordance with
51 [the preceding] subdivision THREE OF THIS SECTION or a decision by a
52 referee, the appeal board, or a court results in a decrease or denial of
53 benefits previously allowed, such new determination or decision, unless
54 it shall be based upon a retroactive payment of remuneration, shall not
55 affect the rights to any benefits already paid under the authority of
56 the prior determination or decision provided they were accepted by the
S. 7880 8
1 claimant in good faith and the claimant did not make any false statement
2 or representation and did not wilfully conceal any pertinent fact in
3 connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS
4 PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
5 FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
6 S 12. Section 10 of chapter 413 of the laws of 2003 amending the labor
7 law relating to the self-employment assistance program and other
8 matters, as amended by chapter 106 of the laws of 2009, is amended to
9 read as follows:
10 S 10. This act shall take effect immediately; provided, however, that
11 sections eight and nine of this act shall expire December 7, [2011] 2012
12 when upon such date the provisions of such sections shall be deemed
13 repealed.
14 S 13. The opening paragraph of paragraph (a) of subdivision 6 of
15 section 511 of the labor law, as amended by chapter 675 of the laws of
16 1977, is amended to read as follows:
17 The term "employment" [does not include] INCLUDES agricultural labor
18 [unless it is covered pursuant to section five hundred sixty-four]. The
19 term "agricultural labor" includes all service performed:
20 S 14. Section 564 of the labor law, as added by chapter 675 of the
21 laws of 1977, is amended to read as follows:
22 S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith-
23 standing the provisions of section five hundred sixty of this article,
24 an employer of persons engaged in agricultural labor shall become liable
25 for contributions under this article if the employer:
26 (1) has paid cash remuneration of twenty thousand dollars or more in
27 any calendar quarter to persons employed in agricultural labor, and such
28 liability shall commence on the first day of such quarter, or
29 (2) has employed in agricultural labor ten or more persons on each of
30 twenty days during a calendar year or the preceding calendar year, each
31 day being in a different calendar week, and the liability shall in such
32 event commence on the first day of the calendar year, or
33 (3) is liable for the tax imposed under the federal unemployment tax
34 act as an employer of agricultural labor and the liability shall in such
35 event commence on the first day of the calendar quarter in such calendar
36 year when he first paid remuneration for agricultural labor in this
37 state.
38 (b) An employer who becomes liable for contributions under paragraph
39 (a) of this subdivision shall cease to be liable as of the first day of
40 a calendar quarter next following the filing of a written application
41 provided the commissioner finds that the employer:
42 (1) has not paid to persons employed in agricultural labor cash remun-
43 eration of twenty thousand dollars or more in any of the eight calendar
44 quarters preceding such day, and
45 (2) has not employed in agricultural labor ten or more persons on each
46 of twenty days during the current or the preceding calendar year, each
47 day being in a different week, and
48 (3) is not liable for the tax imposed under the federal unemployment
49 tax act as an employer of agricultural labor.
50 2. Crew leader.] Whenever a person renders services as a member of a
51 crew which is paid and furnished by the crew leader to perform services
52 in agricultural labor for another employer, such other employer shall,
53 for the purpose of this article, be deemed to be the employer of such
54 person, unless:
55 (a) the crew leader holds a valid certificate of registration under
56 the federal farm labor contractor registration act of nineteen hundred
S. 7880 9
1 sixty-three or substantially all the members of the crew operate or
2 maintain tractors, mechanized harvesting or cropdusting machinery or any
3 other mechanized equipment which is provided by the crew leader, and
4 (b) the crew leader is not an employee of such other employer and has
5 not entered into a written agreement with such employer under which he
6 is designated as an employee.
7 S 15. This act shall take effect immediately.
