New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00398 Summary:

A00398 Actions:

A00398 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:05/22/2023AYE/NAY:28/0  Action: Favorable refer to committee Rules        
Joyner
Aye
Brabenec
Aye
Colton
Aye
DiPietro
Aye
Benedetto
Aye
Morinello
Aye
Hevesi
Absent
DeStefano
Aye
Bronson
Aye
Durso
Aye
Rozic
Aye
Giglio
Aye
Steck
Aye
Smullen
Aye
Rosenthal
Aye
Bendett
Aye
Cruz
Aye
Slater
Aye
Reyes
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye
Taylor
Aye
Sillitti
Aye
Tapia
Aye
Lucas
Aye
Alvarez
Aye
Ardila
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/01/2023AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00398 Floor Votes:

A00398 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A398A
 
SPONSOR: Burdick

 
TITLE OF BILL:
 
An act to amend the labor law, in relation to notice of eligibility for
unemployment benefits
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To provide employees with notification of eligibility for benefits at
the time separation from employment, reduction in hours, and inter-
ruption in employment resulting in total or partial unemployment.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 would amend Section 590 of the Labor Law to require employers
liable for contributions to the state unemployment fund to inform their
employees of their right to file for unemployment benefits at the time
of separation from employment, reduction in hours, and interruption in
employment resulting in total or partial unemployment.
 
Section 2 would set the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amendments would effectuate the same goal as the original text by
requiring employers to notify their employees of eligibility for unem-
ployment benefits upon separation, reduction in hours, and interruption
in employment. The amended text aligns with current regulations, so it
would not conflict with current practice.
 
 
JUSTIFICATION:
 
Many workers, when laid off or subject to a reduction in working hours,
do not realize they are eligible for unemployment assistance.  Partic-
ularly in the case of partial unemployment assistance there is a lack of
awareness about eligibility. To compound this issue, employers are
disincentivized from informing their employees about eligibility because
their unemployment insurance payments may increase when employees or
former employees file for unemployment assistance.
 
In the wake of catastrophic job losses caused by the COVID-19 pandemic,
it has become clearer than ever that underemployed workers need robust
public support mechanisms to weather an economic storm.  By requiring
employers to inform employees who are laid off, or who have had their
hours reduced, of their potential eligibility for unemployment assist-
ance, this bill bestows on workers better awareness of their rights and
options for supporting themselves and their families when they need it
the most.
 
 
LEGISLATIVE HISTORY:
 
2021-2022: A9238 (Burdick) - Referred to Labor
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This bill would take effect on the sixtieth day after it shall have
become law.

A00398 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         398--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Labor -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT to amend the labor law, in relation to notice of eligibility for
          unemployment benefits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  590  of the labor law is amended by adding a new
     2  subdivision 2 to read as follows:
     3    2. Notice  of  eligibility  upon  separation  from  employment.  Every
     4  employer  liable  under this article for contributions shall inform each
     5  employee of their right to file an application for unemployment benefits
     6  with the department. Such information shall be given at the time of each
     7  permanent or indefinite separation from employment, reduction in  hours,
     8  temporary separation, and any other interruption of continued employment
     9  that  results  in  total  or  partial unemployment. Such notice shall be
    10  given in  writing on a form furnished or approved by the department  and
    11  shall include:
    12    (a) the employer's name and registration number;
    13    (b)  the  address  of the employer to which a request for remuneration
    14  and employment  information  with  respect  to  such  employee  must  be
    15  directed; and
    16    (c) such other information as is required by the commissioner.
    17    §  2.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01131-02-3

A00398 LFIN:

 
NO LFIN

A00398 Chamber Video/Transcript: