S T A T E O F N E W Y O R K
________________________________________________________________________
7148
2021-2022 Regular Sessions
I N S E N A T E
June 2, 2021
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to the calculation of weekly
employment insurance benefits for certain workers; to amend a chapter
of the laws of 2021 amending the labor law relating to the calculation
of weekly employment insurance benefits for workers who are partially
unemployed, as proposed in legislative bills numbers S. 1042-A and A.
2355-A, in relation to the effectiveness thereof; and to repeal
certain provisions of the labor law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 524 of the labor law, as added by chapter 5 of the
laws of 2000, is amended to read as follows:
§ 524. Week of employment. For purposes of this article, "week of
employment" shall mean a Monday through Sunday period during which a
claimant was paid remuneration for employment for an employer or employ-
ers liable for contributions or for payments in lieu of contributions
under this article. A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING
THROUGH MIDNIGHT IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING
BEFORE MIDNIGHT WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT
EMPLOYEES ARE REGULARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST
MERIDIEM OR THEREAFTER ON SUNDAY NIGHT, THEIR REGULARLY SCHEDULED START-
ING TIME ON SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
§ 2. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by a chapter of the laws of 2021 amending
the labor law relating to the calculation of weekly employment insurance
benefits for workers who are partially unemployed, as proposed in legis-
lative bills numbers S. 1042-A and A. 2355-A, is amended to read as
follows:
(2) Benefits payable to any claimant with respect to the claimant's
then current benefit year shall be charged, when paid, to the account of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11768-01-1
S. 7148 2
the last employer prior to the filing of a valid original claim in an
amount equal to seven times the claimant's benefit rate. Thereafter,
such charges shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during that
base period bears to the remuneration paid by all employers to the
claimant during that base period except as provided below:
(i) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision ten of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges [for the
first seven effective weeks of benefits paid] IN AN AMOUNT EQUAL TO THE
BENEFIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise provided
by this section. Under such circumstances, benefits paid shall be
charged to the general account. In addition, wages paid during the base
period by such educational institutions, or for services in such educa-
tional institutions for claimants employed by an educational service
agency shall not be considered base period wages during periods that
such wages may not be used to gain entitlement to benefits pursuant to
subdivision ten of section five hundred ninety of this article.
(ii) In those instances where the claimant may not utilize wages paid
to establish entitlement based upon subdivision eleven of section five
hundred ninety of this article and an educational institution is the
claimant's last employer prior to the filing of the claim for benefits,
or the claimant performed services in such educational institution in
such capacity while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for bene-
fits, such employer shall not be liable for benefit charges [for the
first seven effective weeks of benefits paid] IN AN AMOUNT EQUAL TO THE
BENEFIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise provided
by this section. Under such circumstances, benefits paid will be charged
to the general account. In addition, wages paid during the base period
by such educational institutions, or for services in such educational
institutions for claimants employed by an educational service agency
shall not be considered base period wages during periods that such wages
may not be used to gain entitlement to benefits pursuant to subdivision
eleven of section five hundred ninety of this article. However, in those
instances where a claimant was not afforded an opportunity to perform
services for the educational institution for the next academic year or
term after reasonable assurance was provided, such employer shall be
liable for benefit charges as provided for in this paragraph for any
retroactive payments made to the claimant.
(iii) In those instances where the federal government is the claim-
ant's last employer prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling [the
first seven effective weeks of benefits] AN AMOUNT EQUAL TO THE BENEFIT
PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise prescribed by this
section shall be charged to the general account. In those instances
where the federal government is the claimant's last employer prior to
the filing of the claim for benefits and a base-period employer, such
employer shall be liable for charges for all benefits paid on such claim
in the same proportion that the remuneration paid by such employer
S. 7148 3
during the base period bears to the remuneration paid by all employers
during the base period. In addition, benefit payment charges [for the
first seven effective weeks of benefits] IN AN AMOUNT EQUAL TO THE BENE-
FIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT other than those chargeable
to the federal government as prescribed above shall be made to the
general account.
(iv) In those instances where a combined wage claim is filed pursuant
to interstate reciprocal agreements and the claimant's last employer
prior to the filing of the claim is an out-of-state employer and such
employer is not a base-period employer, benefit payments [equaling the
first seven effective weeks of benefits] IN AN AMOUNT EQUAL TO THE BENE-
FIT PAID FOR SEVEN WEEKS OF TOTAL EMPLOYMENT as otherwise prescribed by
this section shall be charged to the general account. In those instances
where the out-of-state employer is the last employer prior to the filing
of the claim for benefits and a base-period employer such employer shall
be liable for charges for all benefits paid on such claim in the same
proportion that the remuneration paid by such employer during the base
period bears to the remuneration paid by all employers during the base
period. In addition, benefit payment charges [for the seven effective
weeks of benefits] IN AN AMOUNT EQUAL TO THE BENEFIT PAID FOR SEVEN
WEEKS OF TOTAL EMPLOYMENT other than those chargeable to the out-of-
state employer as prescribed above shall be made to the general account.
(v) In those instances where the last employer prior to the filing of
a valid original claim has paid total remuneration to the claimant
during the period from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of the valid
original claim in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated such amount
to the satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to such last employer's
account, benefits shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year shall
be charged, when paid, to the account of such last employer prior to the
filing of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's bene-
fit rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such total remuneration
paid by such last employer to the claimant. Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim in the same proportion that the
remuneration paid by each employer to the claimant during that base
period bears to the remuneration paid by all employers to the claimant
during that base period. Notice of such recalculation of potential
charges shall be given to the last employer and each employer of the
claimant in the base period used to establish the valid original claim.
§ 3. Paragraph (d) of subdivision 5 of section 590 of the labor law is
REPEALED.
§ 4. Subdivision 1 of section 591 of the labor law, as amended by
section 12 of a chapter of the laws of 2021 amending the labor law
relating to the calculation of weekly employment insurance benefits for
workers who are partially unemployed, as proposed in legislative bills
numbers S. 1042-A and A. 2355-A, is amended to read as follows:
1. Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only to a claimant who is
totally unemployed or partially unemployed [and who is unable to engage
in his usual employment or in any other for which he is reasonably
S. 7148 4
fitted by training and experience]. A claimant who is receiving benefits
under this article shall not be denied such benefits pursuant to this
subdivision or to subdivision two of this section because of such claim-
ant's service on a grand or petit jury of any state or of the United
States.
§ 5. Subdivision 1 of section 591 of the labor law, as amended by
section 13 of a chapter of the laws of 2021 amending the labor law
relating to the calculation of weekly employment insurance benefits for
workers who are partially unemployed, as proposed in legislative bills
numbers S. 1042-A and A. 2355-A, is amended to read as follows:
1. Unemployment. Benefits shall be paid only to a claimant who is
totally unemployed or partially unemployed [and who is unable to engage
in his usual employment or in any other for which he is reasonably
fitted by training and experience]. A claimant who is receiving benefits
under this article shall not be denied such benefits pursuant to this
subdivision or to subdivision two of this section because of such claim-
ant's service on a grand or petit jury of any state or of the United
States.
§ 6. Paragraph (a) of subdivision 3 of section 591 of the labor law,
as added by a chapter of the laws of 2021 amending the labor law relat-
ing to the calculation of weekly employment insurance benefits for work-
ers who are partially unemployed, as proposed in legislative bills
numbers S. 1042-A and A. 2355-A, is amended to read as follows:
(a) Compensation paid to a claimant for any day during a paid vacation
period, or for a paid holiday, shall be considered compensation from
employment AND SHALL BE INCLUDED IN THE CALCULATION OF A CLAIMANT'S
BENEFIT FOR PARTIAL UNEMPLOYMENT AS SET FORTH IN SUBDIVISION FIVE OF
SECTION FIVE HUNDRED NINETY OF THIS ARTICLE.
§ 7. Paragraph (a) of subdivision 6 of section 591 of the labor law,
as added by section 13 of part O of chapter 57 of laws of 2013, is
amended to read as follows:
(a) No benefits shall be payable to a claimant for any week during a
dismissal period for which a claimant receives dismissal pay[, nor shall
any day within such week be considered a day of total unemployment under
section five hundred twenty-two of this article,] if such weekly
dismissal pay exceeds the CLAIMANT'S maximum weekly benefit rate PLUS
THE CLAIMANT'S PARTIAL BENEFIT CREDIT.
§ 8. Subparagraph (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as amended by a chapter of the laws of 2021
amending the labor law relating to the calculation of weekly employment
insurance benefits for workers who are partially unemployed, as
proposed in legislative bills numbers S. 1042-A and A. 2355-A, is
amended to read as follows:
(i) requirements relating to total unemployment [and partial unemploy-
ment], as defined in section five hundred twenty-two of this article,
availability for work and search for work, as set forth in subdivision
two of section five hundred ninety-one of this title and refusal to
accept work, as set forth in subdivision two of section five hundred
ninety-three of this title, are not applicable to such individuals;
§ 9. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as added by chapter 413 of the laws of 2003, is
amended to read as follows:
(ii) requirements relating to disqualifying income, as set forth in
[section] SECTIONS five hundred [twenty-three] TWENTY-FIVE AND FIVE
HUNDRED NINETY of this article, are not applicable to income earned from
self-employment entered into by such individuals as a result of their
S. 7148 5
participation in self-employment assistance programs as defined in this
section; and
§ 10. Subdivision 1 of section 596 of the labor law, as amended by a
chapter of the laws of 2021 amending the labor law relating to the
calculation of weekly employment insurance benefits for workers who
are partially unemployed, as proposed in legislative bills numbers S.
1042-A and A. 2355-A, is amended to read as follows:
1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits [at the local state employment office serving
the area in which he was last employed or in which he resides within
such time and] in such manner as the commissioner shall prescribe. [He]
THE CLAIMANT shall disclose whether he OR SHE owes child support obli-
gations, as hereafter defined. If a claimant making such disclosure is
eligible for benefits, the commissioner shall notify the state or local
child support enforcement agency, as hereafter defined, that the claim-
ant is eligible.
A claimant shall correctly report any weeks of employment and any
compensation [he] received for such employment, including [employments]
EMPLOYMENT not subject to this article, and the weeks during which he OR
SHE was totally unemployed or partially unemployed and shall make such
reports in accordance with such regulations as the commissioner shall
prescribe.
§ 11. Subdivision 4 of section 596 of the labor law, as amended by a
chapter of the laws of 2021 amending the labor law relating to the
calculation of weekly employment insurance benefits for workers who
are partially unemployed, as proposed in legislative bills numbers S.
1042-A and A. 2355-A, is amended to read as follows:
4. Registration and reporting for work. A claimant shall register as
totally unemployed or partially unemployed [at a local state employment
office serving the area in which he was last employed or in which he
resides] WITH THE DEPARTMENT in accordance with such regulations as the
commissioner shall prescribe. After so registering, such claimant shall
report for work at the same local state employment office or otherwise
give notice of [the continuance of his] CONTINUED TOTAL OR PARTIAL unem-
ployment as often and in such manner as the commissioner shall
prescribe.
§ 12. Paragraph (a) of subdivision 2 of section 599 of the labor law,
as amended by a chapter of the laws of 2021 amending the labor law
relating to the calculation of weekly employment insurance benefits for
workers who are partially unemployed, as proposed in legislative
bills numbers S. 1042-A and A. 2355-A, is amended to read as follows:
(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 twenty-six [effective weeks] TIMES
HIS OR HER WEEKLY BENEFIT AMOUNT 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] AMOUNT of such additional benefits
shall in no case exceed twice the [number of effective weeks] AMOUNT of
regular benefits to which the claimant is entitled at the time the
claimant is accepted in, or demonstrates application for appropriate
training.
§ 13. Paragraphs (b) and (c) of subdivision 3 of section 601 of the
labor law, as amended by a chapter of the laws of 2021 amending the
S. 7148 6
labor law relating to the calculation of weekly employment insurance
benefits for workers who are partially unemployed, as proposed in
legislative bills numbers S. 1042-A and A. 2355-A, is amended to read as
follows:
(b) for not more than [thirteen effective weeks with respect to his or
her applicable benefit year, with a total maximum amount equal to] fifty
percentum of the total maximum amount of regular benefits payable in
such benefit year, and
(c) if a claimant's benefit year ends within an extended benefit peri-
od, the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the [number of effective weeks]
AMOUNT OF BENEFITS for which he or she was entitled to receive trade
readjustment allowances under the federal trade act of nineteen hundred
seventy-four during such benefit year, and
§ 14. A chapter of the laws of 2021 amending the labor law relating to
the calculation of weekly employment insurance benefits for workers
who are partially unemployed, as proposed in legislative bills numbers
S. 1042-A and A. 2355-A, is amended by adding two new sections 31 and
32 to read as follows:
§ 31. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
UNEMPLOYMENT BENEFITS PAYABLE PURSUANT TO ARTICLE 18 OF THE LABOR LAW
SHALL BE PAYABLE IN CASES OF PARTIAL WORK IN THE FOLLOWING MANNER:
1. DAYS OF TOTAL UNEMPLOYMENT.
(A) FOR THE PURPOSE OF CALCULATING THE NUMBER OF EFFECTIVE DAYS IN A
WEEK TO DETERMINE A CLAIMANT'S WEEKLY BENEFIT ENTITLEMENT IN ACCORDANCE
WITH LABOR LAW SECTION 590, A CLAIMANT SHALL EXPERIENCE A "DAY OF TOTAL
UNEMPLOYMENT" OR "FULL DAY OF TOTAL UNEMPLOYMENT" ON EACH DAY THAT IS
NOT A DAY OF EMPLOYMENT.
(B) THE TOTAL NUMBER OF "DAY(S) OF EMPLOYMENT" IN A WEEK SHALL BE
CALCULATED BY ADDING THE TOTAL NUMBER OF HOURS WORKED IN A WEEK OF
EMPLOYMENT, PROVIDED HOWEVER THAT NO HOURS IN EXCESS OF 10 HOURS ARE
INCLUDED PER CALENDAR DAY, DIVIDING THE TOTAL NUMBER OF HOURS BY 10, AND
ROUNDING UP TO THE NEAREST WHOLE NUMBER. IF THE TOTAL NUMBER OF HOURS
WORKED IN A WEEK IS LESS THAN OR EQUAL TO 10 HOURS, NO DAY OF EMPLOYMENT
SHALL HAVE OCCURRED. A CLAIMANT WHO WORKS AN AMOUNT GREATER THAN 10
HOURS BUT NOT MORE THAN 16 HOURS IN A WEEK SHALL BE DEEMED TO HAVE
ENGAGED IN ONE DAY OF EMPLOYMENT. A CLAIMANT WHO WORKS AN AMOUNT GREATER
THAN 16 HOURS BUT NOT MORE THAN 21 HOURS IN A WEEK SHALL BE DEEMED TO
HAVE ENGAGED IN TWO DAYS OF EMPLOYMENT. A CLAIMANT WHO WORKS AN AMOUNT
GREATER THAN 21 HOURS BUT NOT MORE THAN 30 HOURS IN A WEEK SHALL BE
DEEMED TO HAVE ENGAGED IN THREE DAYS OF EMPLOYMENT. A CLAIMANT WHO WORKS
AN AMOUNT GREATER THAN 30 HOURS IN A WEEK SHALL BE DEEMED TO HAVE
ENGAGED IN FOUR DAYS OF EMPLOYMENT.
(C) A CLAIMANT WHO IS EMPLOYED ON A SHIFT CONTINUING THROUGH MIDNIGHT
IS DEEMED TO HAVE BEEN EMPLOYED ON THE DAY BEGINNING BEFORE MIDNIGHT
WITH RESPECT TO SUCH SHIFT, EXCEPT WHERE NIGHT SHIFT EMPLOYEES ARE REGU-
LARLY SCHEDULED TO START THEIR WORK WEEK AT SEVEN POST MERIDIEM OR THER-
EAFTER ON A SUNDAY NIGHT, THEIR REGULARLY SCHEDULED STARTING TIME ON
SUNDAY SHALL BE CONSIDERED AS STARTING ON MONDAY.
§ 32. SEVERABILITY. IF ANY AMENDMENT CONTAINED IN A CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT SHALL BE ADJUDGED BY THE UNITED
STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAINTAINING BENE-
FIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE FOR ANY
FINANCIAL BENEFIT OFFERED THROUGH FEDERAL LAW OR REGULATION, SUCH AMEND-
MENTS SHALL BE SEVERED FROM THIS ACT AND SHALL NOT AFFECT, IMPAIR OR
INVALIDATE THE REMAINDER THEREOF.
S. 7148 7
§ 15. Section 31 of a chapter of the laws of 2021 amending the labor
law relating to the calculation of weekly employment insurance benefits
for workers who are partially unemployed, as proposed in legislative
bills numbers S. 1042-A and A. 2355-A, is amended to read as follows:
§ [31.] 33. This act shall take effect on the thirtieth day after it
shall have become a law; PROVIDED, HOWEVER, THAT SECTIONS ONE THROUGH
THIRTY OF THIS ACT SHALL TAKE EFFECT ON APRIL 1, 2022 OR THIRTY DAYS
AFTER THE COMMISSIONER OF LABOR CERTIFIES THAT THE DEPARTMENT OF LABOR
HAS AN INFORMATION TECHNOLOGY SYSTEM CAPABLE OF ACCOMMODATING THE AMEND-
MENTS IN THIS ACT, WHICHEVER OCCURS EARLIER; PROVIDED THAT SECTION THIR-
TY-ONE OF THIS ACT SHALL TAKE EFFECT ON THE THIRTIETH DAY AFTER IT SHALL
HAVE BECOME A LAW AND SHALL BE APPLICABLE TO NEW CLAIMS ON SUCH DATE AND
THEREAFTER AND SHALL BE DEEMED REPEALED ON THE SAME DATE AS THE REMAIN-
ING PROVISIONS OF THIS ACT TAKE EFFECT. IN A MANNER CONSISTENT WITH THE
PROVISIONS OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL NOTIFY THE
LEGISLATIVE BILL DRAFTING COMMISSION UPON ISSUING HIS OR HER CERTIF-
ICATION IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY
EFFECTIVE DATA BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW
YORK IN FURTHERANCE OF EFFECTING THE PROVISIONS OF SECTION 44 OF THE
LEGISLATIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW, AND
provided FURTHER that the amendments to subdivision 1 of section 591 of
the labor law made by section twelve of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 10 of
chapter 413 of the laws of 2003, as amended, when upon such date the
provisions of section thirteen of this act shall take effect; provided
further that the amendments to section 591-a of the labor law made by
section fifteen of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
§ 16. This act shall take effect immediately; provided that sections
one through fourteen of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2021 amending the labor
law relating to the calculation of weekly employment insurance benefits
for workers who are partially unemployed, as proposed in legislative
bills numbers S. 1042-A and A. 2355-A, takes effect; provided, however,
that the amendments to subdivision 1 of section 591 of the labor law
made by section four of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 10 of chapter 413 of
the laws of 2003, as amended, when upon such date the provisions of
section five of this act shall take effect; and provided, further, that
the amendments to section 591-a of the labor law made by sections eight
and nine of this act shall not affect the expiration and repeal of such
section and shall expire and be deemed repealed therewith.
