Bill Text: NY S01426 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to conditions for the disqualification for unemployment benefits of persons formerly employed by temporary employment services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LABOR [S01426 Detail]

Download: New_York-2011-S01426-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1426
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced  by  Sen.  SALAND -- 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  conditions  for  the
         disqualification   for   unemployment  benefits  of  persons  formerly
         employed by temporary employment services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  593  of the labor law is amended by adding a new
    2  subdivision 6 to read as follows:
    3    6. (A)  FOR  THE  PURPOSES  OF  THIS  SECTION,  "TEMPORARY  EMPLOYMENT
    4  SERVICE"  MEANS A FIRM THAT EMPLOYS EMPLOYEES AND ASSIGNS SUCH EMPLOYEES
    5  TO CLIENTS TO SUPPORT OR SUPPLEMENT THE WORK FORCE OF  SUCH  CLIENTS  IN
    6  WORK  SITUATIONS  SUCH AS EMPLOYEE ABSENCES, TEMPORARY SKILLS SHORTAGES,
    7  SEASONAL WORKLOADS, AND SPECIAL  ASSIGNMENTS  AND  PROJECTS.  "TEMPORARY
    8  EMPLOYEE" MEANS AN EMPLOYEE ASSIGNED TO WORK FOR THE CLIENTS OF A TEMPO-
    9  RARY EMPLOYMENT SERVICE.
   10    (B)  (I) AN EMPLOYEE OF A TEMPORARY EMPLOYMENT SERVICE SHALL BE DEEMED
   11  TO HAVE VOLUNTARILY SEPARATED FROM EMPLOYMENT IF SUCH EMPLOYEE DOES  NOT
   12  CONTACT  THE  TEMPORARY  EMPLOYMENT SERVICE FOR REASSIGNMENT WITHIN FIVE
   13  BUSINESS DAYS OF THE COMPLETION OF AN ASSIGNMENT. SUCH CONTACT SHALL  BE
   14  MADE  BY  PERSONAL  APPEARANCE  OR BY TELEPHONE OR ELECTRONIC FACSIMILE;
   15  PROVIDED THAT SUCH CONTACT CAN BE VERIFIED.
   16    (II) FAILURE TO CONTACT THE TEMPORARY EMPLOYMENT SERVICE SHALL NOT  BE
   17  DEEMED  A  VOLUNTARY  SEPARATION FROM EMPLOYMENT UNLESS THE CLAIMANT HAS
   18  BEEN ADVISED OF THE OBLIGATION TO CONTACT SUCH SERVICE  UPON  COMPLETION
   19  OF  ASSIGNMENTS AND THAT UNEMPLOYMENT BENEFITS MAY BE DENIED FOR FAILURE
   20  TO DO SO.
   21    S 2. This act shall take effect on the ninetieth day  after  it  shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05301-01-1