BILL NUMBER: S325

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the labor law, in relation to notice of eligibility for
unemployment benefits

 
PURPOSE OR GENERAL IDEA OF BILL:

To require New York employers who have not scheduled an employee for
seven days or more to notify that employee of their eligibility to file
for unemployment insurance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Labor Law by adding a provision that any employer
who has not offered an employee work hours in a 7 day period to notify
that employee, in writing, that they are eligible to file an unemploy-
ment claim.

Section 2 sets the effective date.
              

 
JUSTIFICATION:

New York's economy and businesses have been ravaged due to the necessary
closures related to the response to COVID-19. Hundreds of thousands of
New Yorkers have been laid off or had their hourly schedule dramatically
reduced or indefinitely cut. Under existing law, any worker that has not
worked in the past seven days, due to no fault of their own, is eligible
to file a claim for unemployment insurance. As businesses struggle to
respond to this crisis, many are trying to avoid laying off employees,
but cannot schedule them for work, putting them on so-called "zero-hour"
schedules. This bill would ensure that all employees are aware of their
right to file for unemployment, and it would remedy a pervasive culture
in which some employers challenge benefit claims, or deliberately try to
prevent workers from filing claims. The Department of Labor has issued
guidance and public education materials encouraging workers to apply for
unemployment, but for many workers, the guidance or advice they get from
their employer or supervisor is all they will learn about their right to
unemployment. This bill will ensure that both workers and management
have clear information about who is legally entitled to accessing unem-
ployment insurance

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1077 -  Referred to Labor

2020: S8234 - Referred to Labor

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediate