NY State Senate Bill 2021-S731

Senate Bill S731

2021-2022 Legislative Session

Relates to disqualification from receiving unemployment benefits when the claimant's employer maintained, refused or failed to cure a health or safety condition that made the environment unsuitable

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

co-Sponsors

2021-S731 (ACTIVE) - Details

See Assembly Version of this Bill:: A2115
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8309, A10468
2023-2024: S5647

2021-S731 (ACTIVE) - Summary

Relates to disqualification from receiving benefits for separation from employment in cases where the claimant's employer maintained or refused to cure a health or safety condition that made the environment unsuitable.

2021-S731 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S731

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 593 of the Labor Law, which relates to disqual-
ification for benefits under the Unemployment Insurance Law, by adding a
new paragraph (d) to provide that a claimant shall not be disqualified
for receiving unemployment benefits where the claimant left their
employment because the employer maintained a health or safety condition
that made the environment unsuitable, or failed or refused to cure such
a condition.

Section 2 of the bill adds a new paragraph (f) to subdivision 2 of

Section 593 of the Labor Law to provide that a claimant who refuses an
offer of employment due to unsuitable working conditions does so with
good cause, and shall not be disqualified from receipt of benefits for
which he or she is otherwise eligible.

Section 3 of the bill amends subdivision 3 of Section 593 of the labor
law to provide that a claimant who was fired because they did not report
to work, left work before the end of their scheduled shift, or refused
to perform an assigned task due to an unsuitable work environment has
not lost their employment due to misconduct or quit their job voluntar-
ily and without good cause. In general, the bill would deem claimants to
have provided sufficient notification of an 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 would also deem it sufficient
but not necessary to show unsuitability that working conditions were
inconsistent with laws, rules, policies, orders, or guidance of any
governmental agency on suitable working conditions.

 
JUSTIFICATION:

Now more than ever, it is crucial than that we protect the health and
safety of workers while they are on the job, as many employees work at
businesses that are classified as essential and remain open during the
COVID-19 pandemic. In addition to the usual hazards of employment, these
workers are potentially being exposed to a deadly virus in the course of
their job duties.

Employers must follow official health guidelines and take proper precau-
tions during this pandemic to ensure that workspaces are thoroughly
sanitized and disinfected, that their workers have proper protective
equipment if they are exposed to the general public, and that social
distancing guidelines are followed to reduce the risk of contracting
COVID-19.

If an employer fails to maintain a suitable work environment, workers
who are fired, choose to leave a job, or refuse a job offer due to fear
for their own safety in that environment should not be disqualified from
eligibility for unemployment benefits, especially during the worst
economic crisis since the Great Depression. This bill would give workers
important legal rights to ensure that they are able to protect their
health and maintain their eligibility for unemployment assistance during
a period of historic, unprecedented unemployment rates.

 
LEGISLATIVE HISTORY:

S.8309 of 2020 (Hoylman): Died in Labor

A.10468 of 2020 (Simon): Died in Labor

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S731 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    731
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RAMOS -- 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  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

 S. 731                              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.

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Senate Bill S731

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Sponsored By

Brad Hoylman-Sigal