S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5623
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- 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  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
 S. 5623                             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
 S. 5623                             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.