S. 4053--A 2
the first Monday of September, nineteen hundred ninety-eight the weekly
benefit amount shall not exceed three hundred sixty-five dollars nor be
less than forty dollars, until the first Monday of September, two thou-
sand, at which time the maximum benefit payable pursuant to this subdi-
vision shall equal one-half of the state average weekly wage for covered
employment as calculated by the department no sooner than July first,
two thousand and no later than August first, two thousand, rounded
[down] to the [lowest] NEXT dollar. ON THE FIRST MONDAY OF JULY, TWO
THOUSAND NINE, THE WEEKLY BENEFIT SHALL NOT EXCEED FOUR HUNDRED SEVEN-
TY-FIVE DOLLARS NOR LESS THAN SEVENTY-FIVE DOLLARS, UNTIL THE FIRST
MONDAY OF JULY, TWO THOUSAND TEN AT WHICH TIME THE WEEKLY BENEFIT SHALL
NOT EXCEED FIVE HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND ELEVEN AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT SHALL
NOT EXCEED FIVE HUNDRED SEVENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF
JULY, TWO THOUSAND TWELVE, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
SHALL NOT EXCEED SIX HUNDRED TWENTY-FIVE DOLLARS UNTIL THE FIRST MONDAY
OF JULY, TWO THOUSAND THIRTEEN, AT WHICH TIME THE MAXIMUM WEEKLY BENEFIT
PURSUANT TO THIS SUBDIVISION SHALL EQUAL ONE-HALF OF THE STATE AVERAGE
WEEKLY WAGE AS CALCULATED BY THE DEPARTMENT NO SOONER THAN JULY FIRST,
TWO THOUSAND THIRTEEN AND NOT LATER THAN AUGUST FIRST, TWO THOUSAND
THIRTEEN AND ON JULY FIRST OF EACH SUCCEEDING YEAR THE MAXIMUM BENEFIT
SHALL EQUAL ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE AS CALCULATED BY
THE DEPARTMENT ANNUALLY PURSUANT TO THE MANNER DESCRIBED IN THIS SUBDI-
VISION.
S 2. Paragraph (a) of subdivision 1 of section 518 of the labor law,
as amended by chapter 589 of the laws of 1998, is amended to read as
follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after [eight
thousand five hundred] NINE THOUSAND SEVEN HUNDRED FIFTY dollars have
been paid to such employee by such employer with respect to employment
during any calendar year PRECEDING THE FIRST DAY OF JANUARY, TWO THOU-
SAND TEN, NOR TO INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER
AFTER ELEVEN THOUSAND FIVE HUNDRED DOLLARS HAVE BEEN PAID TO SUCH
EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR
YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND ELEVEN, NOR TO
INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN EMPLOYER AFTER THIRTEEN
THOUSAND DOLLARS HAVE BEEN PAID TO SUCH EMPLOYEE BY SUCH EMPLOYER WITH
RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR PRECEDING THE FIRST DAY
OF JANUARY, TWO THOUSAND TWELVE, NOR TO INCLUDE REMUNERATION PAID TO AN
EMPLOYEE BY AN EMPLOYER AFTER FIFTEEN THOUSAND DOLLARS HAVE BEEN PAID TO
SUCH EMPLOYEE BY SUCH EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY
CALENDAR YEAR PRECEDING THE FIRST DAY OF JANUARY, TWO THOUSAND THIRTEEN.
IN EACH SUCCEEDING CALENDAR YEAR, THE DEPARTMENT SHALL CALCULATE THE
BASE AMOUNT OF REMUNERATION NECESSARY FROM WHICH TO PRODUCE SUFFICIENT
PREMIUM TO PROVIDE FOR THE ANNUAL INCREASES IN MAXIMUM WEEKLY BENEFIT
PROVIDED FOR IN THIS ARTICLE, AND OTHER FUNDING FOR THE UNEMPLOYMENT
INSURANCE TRUST FUND PURSUANT TO SECTION FIVE HUNDRED FIFTY OF THIS
ARTICLE, AS MAY BE NECESSARY. The term "employment" includes for the
purposes of this subdivision services constituting employment under any
unemployment compensation law of another state or the United States.
S 3. Subdivision 1 of section 593 of the labor law, as amended by
chapter 415 of the laws of 1983, paragraph (a) as amended by chapter 268
of the laws of 1999 and paragraph (b) as amended by chapter 589 of the
laws of 1998, is amended to read as follows:
S. 4053--A 3
1. Voluntary separation. [(a)] No days of total unemployment shall be
deemed to occur after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to five times his or her
weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, voluntary separation from employment
shall not in itself disqualify a claimant if circumstances have devel-
oped in the course of such employment that would have justified the
claimant in refusing such employment in the first instance under the
terms of subdivision two of this section or if the claimant, pursuant to
an option provided under a collective bargaining agreement or written
employer plan which permits waiver of his right to retain the employment
when there is a temporary layoff because of lack of work, has elected to
be separated for a temporary period and the employer has consented ther-
eto.
[A voluntary separation may also be deemed for good cause if it
occurred as a consequence of circumstances directly resulting from the
claimant being a victim of domestic violence.
(b) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.]
S 4. Paragraph (d) of subdivision 11 of section 590 of the labor law
is relettered paragraph (e) and a new paragraph (d) is added to read as
follows:
(D) IN THE CASE OF A CLAIMANT WHO WAS EMPLOYED IN OTHER THAN AN
INSTRUCTIONAL, RESEARCH OR PRINCIPAL ADMINISTRATIVE CAPACITY BY AN
EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
SUCH CAPACITY WHILE EMPLOYED BY AN EDUCATIONAL SERVICE AGENCY, SUCH
CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
IS THE COLLEGE'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME
THIS PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON A CASE-BY-
CASE BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF
ANY ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF
AN OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
S 5. Subdivision 10 of section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
(D) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH AMERI-
CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
IN A PRINCIPAL, ADMINISTRATIVE, RESEARCH OR INSTRUCTIONAL CAPACITY A
PERSON IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER THAT
IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
EMPLOYER'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME THIS
PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON A CASE-BY-CASE
BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY
ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF AN
OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
S. 4053--A 4
S 6. Section 599 of the labor law, as amended by chapter 593 of the
laws of 1991, is amended to read as follows:
S 599. Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article, a claimant shall
not become ineligible for benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing and prospec-
tive conditions of the labor market in the state, taking into account
present and anticipated supply and demand regarding the occupation or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
OFFICE OF MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
er, in no event shall the commissioner approve [such] training for a
claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
ENTITY LISTED ABOVE unless:
(a) (1) the training will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
(2) employment opportunities for the claimant are or may be substan-
tially impaired because of:
(i) existing or prospective conditions of the labor market in the
locality or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or
(ii) technological change, plant closing or plant removal, discontin-
uance of specific plant operations, or similar reasons; or
(iii) limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or
(iv) the claimant's personal traits such as physical or mental hand-
icap; and
(b) the training, INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
relates to an occupation or skill for which there are, or are expected
to be in the immediate future, reasonable employment opportunities in
the state; and
(c) the training is offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and
(d) the claimant has the required qualifications and aptitudes to
complete the training successfully.
2. (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to one hundred four effective days
following exhaustion of regular and, if in effect, any other extended
benefits, provided that entitlement to a new benefit claim cannot be
established. Certification of continued satisfactory participation and
progress in such training course or program must be submitted to the
commissioner prior to the payment of any such benefits. [The duration of
such additional benefits shall in no case exceed twice the number of
effective days of regular benefits to which the claimant is entitled at
the time the claimant is accepted in, or demonstrates application for
S. 4053--A 5
appropriate training.] ANY UNEMPLOYED INDIVIDUAL RECEIVING UNEMPLOYMENT
INSURANCE BENEFITS PAYABLE UNDER THIS SUBDIVISION, WHO NOTIFIES THE
DEPARTMENT WITH THE INTENT TO SEEK TRAINING OPPORTUNITIES UNDER THIS
ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF HIS OR HER RECEIVING BENE-
FITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE, IS
ENTITLED TO A TRAINING EXTENSION OF THE FULL ONE HUNDRED FOUR EFFECTIVE
DAYS ON HIS OR HER UNEMPLOYMENT COMPENSATION CLAIM, IF NECESSARY, TO
COMPLETE APPROVED TRAINING.
(b) No more than [twenty] FIFTY million dollars of benefits per year
shall be made available for payment to claimants participating in such
courses or programs.
(c) Participation in such training course or program shall not be
limited to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant otherwise
eligible to participate in training courses or programs pursuant to this
section.
(d) The additional benefits paid to a claimant shall be charged to the
general account.
3. Notwithstanding any other provision of this article, a claimant who
is in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he OR SHE is in such training or because he OR SHE left employ-
ment which is not suitable employment to enter such training. For
purposes hereof, "suitable employment" means work of a substantially
equal or higher skill level than the claimant's past adversely affected
employment and for which the remuneration is not less than eighty
percent of the claimant's average weekly wage.
S 7. Section 3 of chapter 831 of the laws of 1981, amending the labor
law relating to fees and expenses in unemployment insurance proceedings,
as amended by chapter 634 of the laws of 2008, is amended to read as
follows:
S 3. This act shall take effect January 1, 1982, provided, however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law as added by section one of this act shall remain in full force and
effect until December 31, [2010] 2012.
S 8. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
TITLE 7-B
UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
SECTION 615. DEFINITIONS.
616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC
VIOLENCE SURVIVORS.
617. TRAINING PROGRAM.
S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
(A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
(B) A PERSON WITH WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
(C) A PERSON WHO IS COHABITATING WITH, OR HAS COHABITATED WITH, THE
EMPLOYEE; OR
(D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
(E) A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
2. "ABUSE" MEANS:
S. 4053--A 6
(A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
(B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL HARM;
OR
(C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
(D) ENGAGING IN MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
(E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD OR OTHER
NECESSITIES OF LIFE; OR
(F) RESTRAINING THE LIBERTY OF ANOTHER.
S 616. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
TO DOMESTIC VIOLENCE, INCLUDING:
(A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE AT OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
(B) THE CLAIMANT'S NEED TO RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
(C) THE CLAIMANT'S NEED TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
(D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
(E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
(A) A RESTRAINING ORDER OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
(B) A POLICE RECORD DOCUMENTING THE ABUSE;
(C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
(D) MEDICAL DOCUMENTATION OF THE ABUSE;
(E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
(F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE CLAIMANT'S STATEMENT AND CORROBORATING EVIDENCE, SHALL BE
DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
STATUS.
2. ALL SENIOR MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
S. 4053--A 7
FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIMANTS TO BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
S 9. Subdivision 1 of section 560 of the labor law, as amended by
chapter 103 of the laws of 1965, is amended to read as follows:
1. Liability. Any employer shall become liable for contributions under
this article if he has paid remuneration of [three hundred] ONE THOUSAND
dollars or more in any calendar quarter, except that liability with
respect to persons employed in personal or domestic service in private
homes shall be considered separately and an employer shall become liable
for contributions with respect to such persons only if he has paid to
them remuneration in cash of five hundred dollars or more in any calen-
dar quarter. Such liability for contributions shall commence on the
first day of such calendar quarter.
S 10. Paragraph (c) of subdivision 1 of section 538 of the labor law,
as amended by chapter 831 of the laws of 1981, is amended to read as
follows:
(c) Claims of representatives for services rendered to a claimant in
connection with any claim arising under this article shall not be
enforceable unless approved by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
PURSUANT TO SUBDIVISION FOUR OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of this subdivision.
In approving any fee requested by a representative pursuant to this
section, the appeal board shall consider the following factors: (i) the
total benefit allowed; (ii) the time spent in providing representation;
(iii) the legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
S 11. Subdivision 4 of section 597 of the labor law, as amended by
chapter 61 of the laws of 1998, is amended to read as follows:
4. Effect of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or a decision by a
referee, the appeal board, or a court results in a decrease or denial of
benefits previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall not
affect the rights to any benefits already paid under the authority of
the prior determination or decision provided they were accepted by the
claimant in good faith and the claimant did not make any false statement
or representation and did not wilfully conceal any pertinent fact in
connection with his or her claim for benefits. NON-RECOVERABLE BENEFITS
PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
S 12. Section 10 of chapter 413 of the laws of 2003 amending the labor
law relating to the self-employment assistance program and other
matters, as amended by chapter 200 of the laws of 2007, is amended to
read as follows:
S 10. This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2009] 2011
when upon such date the provisions of such sections shall be deemed
repealed.
S 13. The opening paragraph of paragraph (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
S. 4053--A 8
The term "employment" [does not include] INCLUDES agricultural labor
[unless it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
S 14. Section 564 of the labor law, as added by chapter 675 of the
laws of 1977, is amended to read as follows:
S 564. Agricultural labor CREW LEADERS. [1. Coverage. (a) Notwith-
standing the provisions of section five hundred sixty of this article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
(1) has paid cash remuneration of twenty thousand dollars or more in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or
(2) has employed in agricultural labor ten or more persons on each of
twenty days during a calendar year or the preceding calendar year, each
day being in a different calendar week, and the liability shall in such
event commence on the first day of the calendar year, or
(3) is liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration for agricultural labor in this
state.
(b) An employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day of
a calendar quarter next following the filing of a written application
provided the commissioner finds that the employer:
(1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight calendar
quarters preceding such day, and
(2) has not employed in agricultural labor ten or more persons on each
of twenty days during the current or the preceding calendar year, each
day being in a different week, and
(3) is not liable for the tax imposed under the federal unemployment
tax act as an employer of agricultural labor.
2. Crew leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform services
in agricultural labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the employer of such
person, unless:
(a) the crew leader holds a valid certificate of registration under
the federal farm labor contractor registration act of nineteen hundred
sixty-three or substantially all the members of the crew operate or
maintain tractors, mechanized harvesting or cropdusting machinery or any
other mechanized equipment which is provided by the crew leader, and
(b) the crew leader is not an employee of such other employer and has
not entered into a written agreement with such employer under which he
is designated as an employee.
S 15. This act shall take effect immediately.