Bill Text: NY S02925 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S02925 Detail]

Download: New_York-2017-S02925-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2925
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 18, 2017
                                       ___________
        Introduced  by  Sens. GALLIVAN, YOUNG -- 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
    24  good cause nor shall it disqualify any claimant  otherwise  eligible  to
    25  receive benefits if:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00344-01-7
        S. 2925                             2
     1    (a) a refusal to accept employment which would interfere with a claim-
     2  ant's  right  to  join or retain membership in any labor organization or
     3  otherwise interfere with or violate the terms of a collective bargaining
     4  agreement shall be with good cause; or
     5    (b) there is a strike, lockout, or other industrial controversy in the
     6  establishment in which the employment is offered; or
     7    (c)  the  employment  is  at  an unreasonable distance from his or her
     8  residence, or travel to  and  from  the  place  of  employment  involves
     9  expense  substantially  greater  than that required in his or her former
    10  employment unless the expense be provided for; or
    11    (d) the wages and compensation are  less  than  such  claimant's  high
    12  calendar  quarter  wages and compensation received, the wages or compen-
    13  sation [or hours or conditions] offered are substantially less favorable
    14  to the claimant than those prevailing for similar work in the  locality,
    15  or are such as tend to depress wages [or working conditions]; or
    16    (e)  the  hours or conditions offered are substantially less favorable
    17  to the claimant than those prevailing for similar work in the  locality,
    18  or are such as tend to depress working conditions; or
    19    [(e)] (f) the claimant is seeking part-time work as provided in subdi-
    20  vision  five  of  section  five hundred ninety-six of this title and the
    21  offer of employment is not comparable to his or her  part-time  work  as
    22  defined in such subdivision.
    23    § 2. This act shall take effect immediately.