S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2115
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. DINOWITZ,
   GLICK,  REYES, SEAWRIGHT -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the labor law,  in  relation  to  disqualification  from
   receiving  benefits  for separation from employment in cases where the
   claimant's employer maintained or refused or failed to cure  a  health
   or safety condition that made the environment unsuitable
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 593 of the labor law is amended by
 adding a new paragraph (d) to read as follows:
   (D) A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING  BENEFITS  FOR
 SEPARATION  FROM EMPLOYMENT WHERE THE CLAIMANT HAS LEFT THEIR EMPLOYMENT
 BECAUSE THE EMPLOYER MAINTAINED OR REFUSED OR FAILED TO CURE A HEALTH OR
 SAFETY CONDITION THAT MADE THE ENVIRONMENT UNSUITABLE. THE CLAIMANT  HAS
 PROVIDED  SUFFICIENT  NOTIFICATION  OF  THE UNSUITABLE CONDITION IF THEY
 NOTIFIED THE EMPLOYER, IF ANOTHER EMPLOYEE NOTIFIED THE EMPLOYER, OR  IF
 THE  EMPLOYER  HAD  OR SHOULD HAVE HAD REASON TO KNOW THAT THE CONDITION
 MADE THE WORK ENVIRONMENT UNSUITABLE. IT IS SUFFICIENT BUT NOT NECESSARY
 TO SHOW UNSUITABILITY THAT THE WORKING CONDITIONS WERE INCONSISTENT WITH
 LAWS, RULES, POLICIES, ORDERS, OR GUIDANCE OF ANY GOVERNMENTAL AGENCY ON
 SUITABLE WORKING CONDITIONS.
   § 2. Paragraph (e) of subdivision 2 of section 593 of the  labor  law,
 as  amended  by  chapter  35  of the laws of 2009, is amended to read as
 follows:
   (e) the claimant is seeking part-time work as provided in  subdivision
 five  of  section five hundred ninety-six of this title and the offer of
 employment is not comparable to his or her part-time work as defined  in
 such subdivision; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01177-01-1

              

 A. 2115                             2
 
   (F) THE OFFER IS TO WORK UNDER CONDITIONS THAT ARE UNSUITABLE, INCLUD-
 ING CONDITIONS THAT ARE INCONSISTENT WITH LAWS, RULES, POLICIES, ORDERS,
 OR GUIDANCE OF ANY GOVERNMENTAL AGENCY ON SUITABLE WORKING CONDITIONS.
   §  3.  Subdivision  3  of  section 593 of the labor law, as amended by
 section 15 of part O of chapter 57 of the laws of 2013,  is  amended  to
 read as follows:
   3.  Misconduct. No days of total unemployment shall be deemed to occur
 after a claimant lost employment through misconduct in  connection  with
 his or her employment until he or she has subsequently worked in employ-
 ment  and  earned  remuneration  at  least equal to ten times his or her
 weekly benefit rate.   A CLAIMANT WHO WAS FIRED  BECAUSE  THEY  DID  NOT
 REPORT  TO  WORK OR LEFT WORK BEFORE THE END OF THEIR SCHEDULED SHIFT OR
 REFUSED TO PERFORM AN ASSIGNED TASK, IN RESPONSE TO THE EMPLOYER  REFUS-
 ING  OR FAILING TO CURE A HEALTH OR SAFETY CONDITION THAT MADE THE ENVI-
 RONMENT UNSUITABLE, HAS NOT LOST THEIR  EMPLOYMENT  DUE  TO  MISCONDUCT.
 SUCH  CLAIMANT  HAS ALSO NOT QUIT THEIR JOB VOLUNTARILY AND WITHOUT GOOD
 CAUSE. THE CLAIMANT PROVIDED SUFFICIENT NOTIFICATION OF  THE  UNSUITABLE
 CONDITION  IF  THEY  NOTIFIED THE EMPLOYER, IF ANOTHER EMPLOYEE NOTIFIED
 THE EMPLOYER, OR IF THE EMPLOYER HAD OR SHOULD HAVE HAD REASON  TO  KNOW
 THAT  THE  CONDITION  MADE THE WORK ENVIRONMENT UNSUITABLE. IT IS SUFFI-
 CIENT BUT NOT NECESSARY TO SHOW UNSUITABILITY THAT  THE  WORKING  CONDI-
 TIONS  WERE INCONSISTENT WITH LAWS, RULES, POLICIES, ORDERS, OR GUIDANCE
 OF ANY GOVERNMENTAL AGENCY ON SUITABLE WORKING CONDITIONS.
   § 4. This act shall take effect immediately.