Bill Text: NY S00081 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 81 (Prior Session Legislation)

Introduced

Bill Title: Relates to the refusal to work and the disqualification of benefits.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LABOR [S00081 Detail]

Download: New_York-2015-S00081-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          81
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 disqualification for bene-
         fits and refusal of employment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 593 of the labor law, as amended
    2  by chapter 415 of the laws of 1983, the opening paragraph as amended  by
    3  section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
    4  added  by  chapter 589 of the laws of 1998 and paragraphs (d) and (e) as
    5  amended by chapter 35 of the  laws  of  2009,  is  amended  to  read  as
    6  follows:
    7    2.  Refusal  of  employment.  No  days  of total unemployment shall be
    8  deemed to occur beginning with the day on which a claimant, without good
    9  cause, refuses to accept an offer of employment for which he or  she  is
   10  reasonably  fitted  by training and experience, including employment not
   11  subject to this article, until he or  she  has  subsequently  worked  in
   12  employment  and  earned  remuneration at least equal to ten times his or
   13  her weekly benefit rate. Except that claimants who are not subject to  a
   14  recall  date or who do not obtain employment through a union hiring hall
   15  and who are still unemployed after receiving ten weeks of benefits shall
   16  be required to accept any employment proffered that such  claimants  are
   17  capable  of  performing, provided that such employment would result in a
   18  wage not less than SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES  RECEIVED
   19  IN  THE  BASE  PERIOD;  OR  WOULD  RESULT  IN A WAGE GREATER THAN eighty
   20  percent of such claimant's high calendar quarter wages received  in  the
   21  base  period  and  not  substantially  less than the prevailing wage for
   22  similar work in the locality as provided for in paragraph  (d)  of  this
   23  subdivision.  No  refusal  to  accept employment shall be deemed without
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01292-01-5
       S. 81                               2
    1  good cause nor shall it disqualify any claimant  otherwise  eligible  to
    2  receive benefits if:
    3    (a) a refusal to accept employment which would interfere with a claim-
    4  ant's  right  to  join or retain membership in any labor organization or
    5  otherwise interfere with or violate the terms of a collective bargaining
    6  agreement shall be with good cause; OR
    7    (b) there is a strike, lockout, or other industrial controversy in the
    8  establishment in which the employment is offered; or
    9    (c) the employment is at an unreasonable  distance  from  his  OR  HER
   10  residence,  or  travel  to  and  from  the  place of employment involves
   11  expense substantially greater than that required in his  OR  HER  former
   12  employment unless the expense be provided for; or
   13    (d)  THE  WAGES  AND  COMPENSATION  ARE LESS THAN SUCH CLAIMANT'S HIGH
   14  CALENDAR QUARTER WAGES AND COMPENSATION RECEIVED, the wages  or  compen-
   15  sation [or hours or conditions] offered are substantially less favorable
   16  to  the claimant than those prevailing for similar work in the locality,
   17  or are such as tend to depress wages [or working conditions]; OR
   18    (E) THE HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY  LESS  FAVORABLE
   19  TO  THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE LOCALITY,
   20  OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or
   21    [(e)] (F) the claimant is seeking part-time work as provided in subdi-
   22  vision five of section five hundred ninety-six of  this  title  and  the
   23  offer  of  employment  is not comparable to his or her part-time work as
   24  defined in such subdivision.
   25    S 2. This act shall take effect immediately.