Bill Text: NY A00523 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that an employer's account for unemployment insurance coverage shall not be charged when an employee quits without good cause, regardless of whether the former employee has filed and been disqualified for benefits and later files and qualifies for unemployment insurance based on subsequent employment.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2016-05-24 - held for consideration in labor [A00523 Detail]

Download: New_York-2015-A00523-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          523
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A. KOLB, CORWIN, MONTESANO, MALLIOTAKIS, CURRAN,
         GOODELL -- read once and referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to limiting the liability  of
         certain employers for unemployment insurance coverage
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (e) of subdivision 1 of section 581 of the  labor
    2  law is amended by adding a new subparagraph 2-a to read as follows:
    3    (2-A)  AN  EMPLOYER'S  ACCOUNT  SHALL  NOT BE CHARGED, AND THE CHARGES
    4  SHALL INSTEAD BE MADE TO THE GENERAL ACCOUNT, FOR BENEFITS  PAID  TO  AN
    5  EMPLOYEE  WHO  VOLUNTARILY SEPARATED FROM EMPLOYMENT AND THE CHARGES ARE
    6  ATTRIBUTABLE TO WEEKS OF THE CLAIMANT'S BASE PERIOD OF  EMPLOYMENT  WITH
    7  SUCH  EMPLOYER  PRIOR  TO THE EMPLOYEE'S VOLUNTARY SEPARATION OF EMPLOY-
    8  MENT.
    9    S 2. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
   10  of the labor law, as amended by section 6 of part O of chapter 57 of the
   11  laws of 2013, is amended to read as follows:
   12    (3)  An employer's account shall not be charged, and the charges shall
   13  instead be made to the general account, for benefits paid to a  claimant
   14  after  the  expiration  of  a  period  of disqualification from benefits
   15  following a final determination that the claimant lost  employment  with
   16  the  employer  through misconduct [or voluntary separation of employment
   17  without good cause within the meaning of section  five  hundred  ninety-
   18  three  of this article] and the charges are attributable to remuneration
   19  paid during the claimant's base period of employment with such  employer
   20  prior  to  the  claimant's loss of employment with such employer through
   21  misconduct [or voluntary separation of employment without  good  cause],
   22  provided,  however,  that  an  employer shall not be relieved of charges
   23  pursuant to this subparagraph if an  employer  or  its  agent  fails  to
   24  submit  information resulting in an overpayment pursuant to section five
   25  hundred ninety-seven of this article.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02459-01-5