S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5860
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. VALDEZ -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the  labor law, in relation to unemployment benefits
   based on employment with  certain  educational  institutions;  and  to
   repeal certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 10 of section  590  of
 the labor law, as amended by chapter 734 of the laws of 2004, is amended
 to read as follows:
   Benefits  based  on  professional  employment  with educational insti-
 tutions, including the state university of New York, the city university
 of New York and  any  public  community  colleges.  If  a  claimant  was
 employed  in  an  instructional,  research,  or principal administrative
 capacity by an institution of education, including the state  university
 of  New  York,  the city university of New York and any public community
 colleges, or performed services in such an institution in such  capacity
 while  employed  by  an  educational service agency, the following shall
 apply to any week commencing during the period  between  two  successive
 academic  years or terms, or during a similar period between two regular
 but not successive terms when the contract  provides  therefor  instead,
 provided  the claimant has a contract to perform SERVICES, or there is a
 reasonable assurance that the claimant will perform SERVICES, [services]
 in such capacity for any such institution or institutions  for  both  of
 such  academic years or such terms, and to any week commencing during an
 established and customary vacation period or holiday recess, not between
 such academic terms or years, provided the claimant  performed  services
 for  such institution immediately before such vacation period or holiday
 recess and there is  a  reasonable  assurance  that  the  claimant  will
 perform any services described in this subdivision or subdivision eleven
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09293-01-5
 A. 5860                             2
              

 
 of this section in the period immediately following such vacation period
 or holiday recess:
   §  2. Subdivision 11 of section 590 of the labor law is REPEALED and a
 new subdivision 11 is added to read as follows:
   11. (A) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION,  A  "CONTRACT
 TO  PERFORM SERVICES" SHALL REFER ONLY TO AN ENFORCEABLE, NON-CONTINGENT
 AGREEMENT THAT PROVIDES FOR COMPENSATION: FOR THE ENTIRE ACADEMIC  YEAR;
 OR  ON  AN  ANNUAL  BASIS,  PROVIDED,  HOWEVER,  THAT THE CONTRACT TERMS
 DESCRIBING COMPENSATION NEED NOT BE EXPRESSED SPECIFICALLY AS AN  ANNUAL
 SALARY.    A  "CONTRACT  TO  PERFORM  SERVICES"  MUST SATISFY ALL OF THE
 FOLLOWING CONDITIONS:
   (1) THE EDUCATIONAL INSTITUTION HAS MADE A WRITTEN,  ORAL  OR  IMPLIED
 OFFER  OF  EMPLOYMENT, WHICH MUST BE GENUINE, TO THE CLAIMANT FOR EITHER
 THE SECOND ACADEMIC YEAR OR TERM OR FOR THE PERIOD FOLLOWING  AN  ESTAB-
 LISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS;
   (2)  SUCH OFFER WAS MADE BY AN EMPLOYEE OF THE EDUCATIONAL INSTITUTION
 WITH AUTHORITY TO MAKE SUCH OFFER;
   (3) SUCH OFFER IS FOR SERVICES IN THE SAME CAPACITY  AS  THE  SERVICES
 THE  CLAIMANT  PERFORMED  FOR  THE  EDUCATIONAL INSTITUTION IN THE PRIOR
 ACADEMIC YEAR OR TERM OR IN THE PERIOD BEFORE AN ESTABLISHED OR  CUSTOM-
 ARY VACATION PERIOD OR HOLIDAY RECESS; AND
   (4)  THE  WAGES OR SALARY IN SUCH OFFER ARE IN AN AMOUNT NOT LESS THAN
 NINETY PERCENT OF THE AMOUNT PAID  TO  THE  CLAIMANT  DURING  THE  FIRST
 ACADEMIC  YEAR  OR  TERM  OR  DURING THE PERIOD BEFORE AN ESTABLISHED OR
 CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS.
   (B) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION,  A  DETERMINATION
 THAT  THERE IS A "REASONABLE ASSURANCE" SHALL REQUIRE MEETING ALL OF THE
 REQUIREMENTS SET FORTH IN SUBPARAGRAPHS ONE THROUGH  FOUR  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION AND THE FOLLOWING CONDITIONS:
   (1) SUCH OFFER IS NOT CONTINGENT ON FACTORS WITHIN THE CONTROL OF SUCH
 EDUCATIONAL  INSTITUTION  INCLUDING, BUT NOT LIMITED TO, COURSE PROGRAM-
 MING, ALLOCATION OF AVAILABLE FUNDING, PROGRAM MODIFICATIONS, OR FACILI-
 TY AVAILABILITY; AND
   (2) BASED ON THE TOTALITY OF THE CIRCUMSTANCES, IT IS HIGHLY  PROBABLE
 THAT  THERE  IS  A  JOB  AVAILABLE FOR THE CLAIMANT IN THE SAME CAPACITY
 DURING THE SECOND ACADEMIC YEAR OR TERM OR DURING THE  PERIOD  FOLLOWING
 AN  ESTABLISHED  OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS, INCLUD-
 ING, BUT NOT LIMITED TO, AVAILABILITY OF FUNDING, ENROLLMENT LEVELS, THE
 CLAIMANT'S LEVEL OF SENIORITY, BUDGETING AND ASSIGNMENT PRACTICES AT THE
 EDUCATIONAL INSTITUTION, THE NUMBER OF OFFERS MADE IN  RELATION  TO  THE
 NUMBER OF POTENTIAL ASSIGNMENTS, THE PERIOD OF STUDENT REGISTRATION, AND
 ANY  OTHER CONTINGENCIES IN THE OFFER.  WHEN CONSIDERING WHETHER FUNDING
 SHALL BE AVAILABLE, THE FOLLOWING CRITERIA SHALL BE CONSIDERED: (I)  THE
 HISTORY  OF  THE  EDUCATIONAL  INSTITUTION'S FUNDING, AND THE LIKELIHOOD
 THAT THE EDUCATIONAL  INSTITUTION  WILL  RECEIVE  SUCH  FUNDING,  FOR  A
 SPECIFIC  COURSE;  AND  (II)  THE  CLAIMANT'S LIKELIHOOD OF RECEIVING AN
 ASSIGNMENT.
   (C) REASONABLE ASSURANCE SHALL BE DETERMINED ON A  CASE-BY-CASE  BASIS
 BY  THE  TOTAL  WEIGHT  OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY ONE
 FACTOR.  PRIMARY WEIGHT SHALL BE GIVEN TO THE CONTINGENT  NATURE  OF  AN
 OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES;
 PROVIDED, HOWEVER, THAT IN  ANY  UNEMPLOYMENT  INSURANCE  PROCEEDING,  A
 WRITTEN LETTER FROM AN EDUCATIONAL INSTITUTION TO A CLAIMANT WHICH MAKES
 EMPLOYMENT  CONDITIONAL  SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE
 ASSURANCE TO BE USED TO DENY A CLAIM FOR UNEMPLOYMENT.  THE  EDUCATIONAL
 INSTITUTION SHALL SUPPLY SPECIFIC DOCUMENTATION TO SUPPORT ITS OBJECTION
 A. 5860                             3
 
 THAT  IT  HAS  PROVIDED A CONTRACT TO PERFORM SERVICES AND/OR REASONABLE
 ASSURANCE.  IF THE EDUCATIONAL INSTITUTION FAILS TO SUPPLY SUCH SPECIFIC
 DOCUMENTATION, THE OBJECTION SHALL BE DEEMED INVALID.
   (D) (1) THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION SHALL NOT BE
 INTERPRETED,  IMPLEMENTED, OR OTHERWISE CONSTRUED IN ANY WAY TO APPLY TO
 SERVICES IN A NONPROFESSIONAL CAPACITY.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TEN  OF  THIS
 SECTION:
   (I) "PROFESSIONAL CAPACITY" SHALL STRICTLY APPLY TO SERVICES PERFORMED
 IN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRATIVE CAPACITY WITH
 EDUCATIONAL  INSTITUTIONS,  INCLUDING  THE STATE UNIVERSITY OF NEW YORK,
 THE CITY UNIVERSITY OF NEW YORK AND ANY PUBLIC COMMUNITY COLLEGE.
   (II) "SERVICES IN A NONPROFESSIONAL CAPACITY" SHALL APPLY TO  SERVICES
 IN  ANY  CAPACITY OTHER THAN A PROFESSIONAL CAPACITY AND ENCOMPASSES ANY
 SERVICES OTHER THAN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRA-
 TIVE CAPACITY, REGARDLESS OF THE LEGAL OR  EDUCATIONAL  REQUIREMENTS  TO
 PERFORM SUCH SERVICES.
   § 3. This act shall take effect immediately.