Assembly Bill A2001A

Signed By Governor
2021-2022 Legislative Session

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges

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Sponsored By

Archive: Last Bill Status Via S1197 - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

2021-A2001 - Details

See Senate Version of this Bill:
S1197
Law Section:
Labor Law
Laws Affected:
Amd §581-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A10297, S8231

2021-A2001 - Summary

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

2021-A2001 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2001
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, THIELE,
   LUPARDO, GALEF,  GRIFFIN,  McMAHON,  OTIS,  DICKENS,  STIRPE,  PAULIN,
   SIMON,  GOODELL,  TAGUE  -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the labor law, in relation to prohibiting the  inclusion
   of  claims  for  unemployment insurance arising from the closure of an
   employer due to COVID-19 from being included in such employer's  expe-
   rience rating charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 581-a of the labor law, as amended
 by chapter 617 of the laws of 1977, is amended to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE  HUNDRED  EIGHTY-ONE
 OF  THIS  TITLE  TO  THE  CONTRARY, ANY EMPLOYER WHOSE EMPLOYEES RECEIVE
 PAYMENTS UNDER THIS ARTICLE AND WHOSE CLAIMS FOR UNEMPLOYMENT  INSURANCE
 ARISE DUE TO THE CLOSURE OF THE EMPLOYER OR A REDUCTION IN THE WORKFORCE
 OF  THE  EMPLOYER FOR REASONS RELATED TO NOVEL CORONAVIRUS, COVID-19, OR
 DUE TO A MANDATORY ORDER OF A GOVERNMENT ENTITY DULY AUTHORIZED TO ISSUE
 SUCH ORDER TO CLOSE SUCH EMPLOYER, ON OR AFTER MARCH TWELFTH, TWO  THOU-
 SAND  TWENTY  SHALL NOT HAVE INCLUDED IN THEIR EXPERIENCE RATING CHARGES
 THE AMOUNTS SO PAID TO THE EMPLOYEES FROM THE FUND.
   4. The provisions of this section shall apply to  an  employer  liable
 for  payments in lieu of contributions, but if the secretary of labor of
 the United States finds that their application to such employer does not
 meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
 provisions  shall  be  inoperative with respect to such employer, unless
 and until such finding has been set aside pursuant to a  final  decision
 issued  in  accordance  with  such judicial review proceedings as may be
 instituted and completed under the provisions  of  section  thirty-three
 hundred ten of the Federal Unemployment Tax Act.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A2001A (ACTIVE) - Details

See Senate Version of this Bill:
S1197
Law Section:
Labor Law
Laws Affected:
Amd §581-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:
A10297, S8231

2021-A2001A (ACTIVE) - Summary

Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

2021-A2001A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2001--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, STERN, ENGLEBRIGHT, WOERNER, THIELE,
   LUPARDO, GALEF,  GRIFFIN,  McMAHON,  OTIS,  DICKENS,  STIRPE,  PAULIN,
   SIMON,  GOODELL,  TAGUE  -- read once and referred to the Committee on
   Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT to amend the labor law, in relation to prohibiting the inclusion
   of claims for unemployment insurance arising from the  closure  of  an
   employer  due to COVID-19 from being included in such employer's expe-
   rience rating charges; and providing for the repeal of such provisions
   upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 581-a of the labor law, as amended
 by chapter 617 of the laws of 1977, is amended to read as follows:
   3.  NOTWITHSTANDING  THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE
 OF THIS TITLE TO THE CONTRARY,  ANY  EMPLOYER  WHOSE  EMPLOYEES  RECEIVE
 PAYMENTS  UNDER THIS ARTICLE AND WHOSE CLAIMS FOR UNEMPLOYMENT INSURANCE
 ARISE DUE TO THE CLOSURE OF THE EMPLOYER OR A REDUCTION IN THE WORKFORCE
 OF THE EMPLOYER FOR REASONS RELATED TO THE COVID-19 PANDEMIC, OR DUE  TO
 A  MANDATORY  ORDER OF A GOVERNMENT ENTITY DULY AUTHORIZED TO ISSUE SUCH
 ORDER TO CLOSE SUCH EMPLOYER DUE TO THE COVID-19 PANDEMIC, ON  OR  AFTER
 MARCH  TWELFTH,  TWO  THOUSAND  TWENTY  SHALL NOT HAVE INCLUDED IN THEIR
 EXPERIENCE RATING CHARGES THE AMOUNTS SO PAID TO THE EMPLOYEES FROM  THE
 FUND.
   4.  The  provisions  of this section shall apply to an employer liable
 for payments in lieu of contributions, but if the secretary of labor  of
 the United States finds that their application to such employer does not
 meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
 provisions shall be inoperative with respect to  such  employer,  unless
 and  until  such finding has been set aside pursuant to a final decision
 issued in accordance with such judicial review  proceedings  as  may  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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