Bill Text: NY S01197 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2021-01-28 - SIGNED CHAP.21 [S01197 Detail]

Download: New_York-2021-S01197-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1197

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by  Sen. PERSAUD -- 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 prohibiting the  inclusion
          of  claims  for  unemployment insurance arising from the closure of an
          employer due to COVID-19 from being included in such employer's  expe-
          rience rating charges; and providing for the repeal of such provisions
          upon the expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 581-a of the labor law, as amended
     2  by chapter 617 of the laws of 1977, is amended to read as follows:
     3    3. Notwithstanding the provisions of section five  hundred  eighty-one
     4  of  this  title  to  the  contrary, any employer whose employees receive
     5  payments under this article and whose claims for unemployment  insurance
     6  arise due to the closure of the employer or a reduction in the workforce
     7  of  the employer for reasons related to the COVID-19 pandemic, or due to
     8  a mandatory order of a government entity duly authorized to  issue  such
     9  order  to  close such employer due to the COVID-19 pandemic, on or after
    10  March twelfth, two thousand twenty shall  not  have  included  in  their
    11  experience  rating charges the amounts so paid to the employees from the
    12  fund.
    13    4. The provisions of this section shall apply to  an  employer  liable
    14  for  payments in lieu of contributions, but if the secretary of labor of
    15  the United States finds that their application to such employer does not
    16  meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
    17  provisions  shall  be  inoperative with respect to such employer, unless
    18  and until such finding has been set aside pursuant to a  final  decision
    19  issued  in  accordance  with  such judicial review proceedings as may be
    20  instituted and completed under the provisions  of  section  thirty-three
    21  hundred ten of the Federal Unemployment Tax Act.
    22    §  2. This act shall take effect immediately and shall expire December
    23  31, 2021, when upon such date the provisions of this act shall be deemed
    24  repealed.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04131-02-1