Senate Bill S1197

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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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2021-S1197 (ACTIVE) - Details

See Assembly Version of this Bill:
A2001
Law Section:
Labor Law
Laws Affected:
Amd §581-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S8231, A10297

2021-S1197 (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-S1197 (ACTIVE) - Sponsor Memo

2021-S1197 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1197
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 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
 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 and shall expire December
 31, 2021, when upon such date the provisions of this act shall be deemed
 repealed.

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