NY State Senate Bill 2019-S327

Senate Bill S327

2019-2020 Legislative Session

Provides that an employer shall not be liable for unemployment benefits for an employee who voluntarily leaves employment

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Jan 09, 2019	referred to labor

co-Sponsors

2019-S327 (ACTIVE) - Details

See Assembly Version of this Bill:: A1004
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §581, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2866
2011-2012: A6517
2013-2014: A1553
2015-2016: A523
2017-2018: S5091, A2844
2021-2022: S1900

2019-S327 (ACTIVE) - Summary

Provides that an employer's account for unemployment insurance coverage shall not be charged when an employee quits without good cause, regardless of whether the former employee has filed and been disqualified for benefits and later files and qualifies for unemployment insurance based on subsequent employment.

2019-S327 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S327

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the labor law, in relation to limiting
the liability of certain employers for unemployment insurance coverage

 
PURPOSE:

To provide that a base period employer's account shall not be charged
when an employee quits without good cause, regardless of whether the
former employee has filed and been disqualified and later files and
qualifies for unemployment insurance based on subsequent employment.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 amend paragraph (e) of subdivision 1 of section 581 of
the Labor Law to eliminate charging a base period employer's account for
benefits paid to an employee who voluntarily separated from employment
insurance and has been disqualified from benefits.

Section 3 contains the effective date.

 
JUSTIFICATION:

Chapter 165 of the Laws of 1994, which amended Section 581 of the Labor
Law, intended to eliminate the associated unfairness of an unemployment
insurance account charge to an employer when an employee voluntarily
leaves employment without good cause and then later re-qualifies for
benefits based upon subsequent employment. This bill proposes to clarify
a technical oversight in Chapter 165 by stating that the base period
employer's account will not be charged, regardless of whether the former
employee has filed for unemployment benefits and has been disqualified
prior to qualifying after subsequent employment. Instead, the charges
will be made to the General Account.

 
PRIOR LEGISLATIVE HISTORY:

2018: S5091 - Reported and Committed to Finance
2017: S5091 - Referred to Labor
2008: S2124 - Referred to Labor
2006: S2395 - Referred to Labor
2004: S1218 - Referred to Labor

 
FISCAL IMPLICATIONS:

Minimal charges to the General Account.

 
EFFECTIVE DATE:
Immediately.

2019-S327 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    327
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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 limiting the liability  of
   certain employers for unemployment insurance coverage

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 581 of the  labor
 law is amended by adding a new subparagraph 2-a to read as follows:
   (2-A)  AN  EMPLOYER'S  ACCOUNT  SHALL  NOT BE CHARGED, AND THE CHARGES
 SHALL INSTEAD BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS  PAID  TO  AN
 EMPLOYEE  WHO  VOLUNTARILY SEPARATED FROM EMPLOYMENT AND THE CHARGES ARE
 ATTRIBUTABLE TO WEEKS OF THE CLAIMANT'S BASE PERIOD OF  EMPLOYMENT  WITH
 SUCH  EMPLOYER  PRIOR  TO THE EMPLOYEE'S VOLUNTARY SEPARATION OF EMPLOY-
 MENT.
   § 2. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
 of the labor law, as amended by section 6 of part O of chapter 57 of the
 laws of 2013, is amended to read as follows:
   (3)  An employer's account shall not be charged, and the charges shall
 instead be made to the general account, for benefits paid to a  claimant
 after  the  expiration  of  a  period  of disqualification from benefits
 following a final determination that the claimant lost  employment  with
 the  employer  through misconduct [or voluntary separation of employment
 without good cause within the meaning of section  five  hundred  ninety-
 three  of this article] and the charges are attributable to remuneration
 paid during the claimant's base period of employment with such  employer
 prior  to  the  claimant's loss of employment with such employer through
 misconduct [or voluntary separation of employment without  good  cause],
 provided,  however,  that  an  employer shall not be relieved of charges
 pursuant to this subparagraph if an  employer  or  its  agent  fails  to
 submit  information resulting in an overpayment pursuant to section five
 hundred ninety-seven of this article.
   § 3. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04091-01-9

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Senate Bill S327

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Sponsored By

Fred Akshar