S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3380
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 6, 2015
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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 the calculation of  weekly
         unemployment  insurance  benefits  for workers who are partially unem-
         ployed; to amend the executive law, in  relation  to  unlawful  hiring
         discrimination  by  employers, employment agencies and licensing agen-
         cies based upon an individual's  unemployment  status;  to  amend  the
         labor  law, in relation to increasing unemployment insurance benefits;
         to amend chapter 831 of the laws of 1981 amending the labor law relat-
         ing to fees and expenses in  unemployment  insurance  proceedings,  in
         relation  to  the  effectiveness  thereof;  to amend the labor law, in
         relation to non-recoverable benefits; and to amend chapter 413 of  the
         laws  of  2003  amending the labor law relating to the self-employment
         assistance program and other matters, in relation to the effectiveness
         thereof; to amend the labor law, in relation  to  concurrent  payments
         prohibited; and to repeal certain provisions of the labor law relating
         thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 522 of the labor law, as amended by chapter 720  of
    2  the laws of 1953, is amended to read as follows:
    3    S  522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total unemploy-
    4  ment" means the total lack of any employment [on  any  day]  DURING  ANY
    5  WEEK.  "PARTIAL  UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT
    6  IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE  COMPENSATION  PAID  IS
    7  LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
    8  BENEFIT CREDIT.  The term "employment" as used in this section means any
    9  employment including that not defined in this title.
   10    S 2. Section 523 of the labor law is REPEALED and a new section 523 is
   11  added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08184-02-5
       S. 3380                             2
    1    S  523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
    2  A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS  PAID  COMPEN-
    3  SATION,  OR  (B)  A  WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
    4  PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
    5  THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
    6  CREDIT.
    7    S 3. The labor law is amended by adding a new section 514-a to read as
    8  follows:
    9    S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT"  MEANS  THAT
   10  PART  OF  THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
   11  WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
   12  WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF  THE  INDIVIDUAL'S  WEEKLY
   13  BENEFIT  RATE,  OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
   14  GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF  ONE  DOLLAR,
   15  SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
   16    S  4.  Subdivision  4  of  section 527 of the labor law, as amended by
   17  chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
   18  laws of 1984, is amended to read as follows:
   19    4.  General  condition.  A valid original claim may be filed only in a
   20  week [in which the claimant has at least one effective day of  unemploy-
   21  ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
   22  ANT.
   23    S  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
   24  of the labor law, as amended by chapter 282 of the laws of 2002,  clause
   25  (v)  as  added by chapter 106 of the laws of 2007, is amended to read as
   26  follows:
   27    (2) Benefits payable to any claimant with respect  to  the  claimant's
   28  then current benefit year shall be charged, when paid, to the account of
   29  the  last  employer  prior to the filing of a valid original claim in an
   30  amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
   31  such  charges  shall be made to the account of each employer in the base
   32  period used to establish the valid original claim in the same proportion
   33  that the remuneration paid by each employer to the claimant during  that
   34  base  period  bears  to  the  remuneration  paid by all employers to the
   35  claimant during that base period except as provided below:
   36    (i) In those instances where the claimant may not utilize  wages  paid
   37  to  establish  entitlement  based  upon  subdivision ten of section five
   38  hundred ninety of this article and an  educational  institution  is  the
   39  claimant's  last employer prior to the filing of the claim for benefits,
   40  or the claimant performed services in such  educational  institution  in
   41  such  capacity  while employed by an educational service agency which is
   42  the claimant's last employer prior to the filing of the claim for  bene-
   43  fits,  such  employer  shall  not  be liable for benefit charges for the
   44  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
   45  paid  as  otherwise  provided by this section. Under such circumstances,
   46  benefits paid shall be charged to  the  general  account.  In  addition,
   47  wages  paid  during the base period by such educational institutions, or
   48  for services in such educational institutions for claimants employed  by
   49  an  educational service agency shall not be considered base period wages
   50  during periods that such wages may not be used to  gain  entitlement  to
   51  benefits  pursuant  to subdivision ten of section five hundred ninety of
   52  this article.
   53    (ii) In those instances where the claimant may not utilize wages  paid
   54  to  establish  entitlement based upon subdivision eleven of section five
   55  hundred ninety of this article and an  educational  institution  is  the
   56  claimant's  last employer prior to the filing of the claim for benefits,
       S. 3380                             3
    1  or the claimant performed services in such  educational  institution  in
    2  such  capacity  while employed by an educational service agency which is
    3  the claimant's last employer prior to the filing of the claim for  bene-
    4  fits,  such  employer  shall  not  be liable for benefit charges for the
    5  first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
    6  paid  as  otherwise  provided by this section. Under such circumstances,
    7  benefits paid will be charged to the general account. In addition, wages
    8  paid during the base period by such  educational  institutions,  or  for
    9  services  in  such educational institutions for claimants employed by an
   10  educational service agency shall not be  considered  base  period  wages
   11  during  periods  that  such wages may not be used to gain entitlement to
   12  benefits pursuant to subdivision eleven of section five  hundred  ninety
   13  of  this  article.  However, in those instances where a claimant was not
   14  afforded an opportunity to perform services for the educational institu-
   15  tion for the next academic year or term after reasonable  assurance  was
   16  provided,  such employer shall be liable for benefit charges as provided
   17  for in this paragraph for any retroactive payments made to the claimant.
   18    (iii) In those instances where the federal government  is  the  claim-
   19  ant's  last  employer  prior to the filing of the claim for benefits and
   20  such employer is not a base-period employer, payments equaling the first
   21  [twenty-eight effective days]  SEVEN  EFFECTIVE  WEEKS  of  benefits  as
   22  otherwise  prescribed  by  this  section shall be charged to the general
   23  account. In those instances where the federal government is  the  claim-
   24  ant's  last employer prior to the filing of the claim for benefits and a
   25  base-period employer, such employer shall be liable for charges for  all
   26  benefits paid on such claim in the same proportion that the remuneration
   27  paid  by  such employer during the base period bears to the remuneration
   28  paid by all employers during  the  base  period.  In  addition,  benefit
   29  payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
   30  TIVE  WEEKS  of  benefits  other  than  those  chargeable to the federal
   31  government as prescribed above shall be made to the general account.
   32    (iv) In those instances where a combined wage claim is filed  pursuant
   33  to  interstate  reciprocal  agreements  and the claimant's last employer
   34  prior to the filing of the claim is an out-of-state  employer  and  such
   35  employer  is  not  a base-period employer, benefit payments equaling the
   36  first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
   37  otherwise prescribed by this section shall be  charged  to  the  general
   38  account.  In those instances where the out-of-state employer is the last
   39  employer prior to the filing of the claim for benefits and a base-period
   40  employer such employer shall be liable for charges for all benefits paid
   41  on such claim in the same proportion that the remuneration paid by  such
   42  employer  during  the  base period bears to the remuneration paid by all
   43  employers during the base period. In addition, benefit  payment  charges
   44  for  the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
   45  other than those chargeable to the out-of-state employer  as  prescribed
   46  above shall be made to the general account.
   47    (v)  In those instances where the last employer prior to the filing of
   48  a valid original claim has  paid  total  remuneration  to  the  claimant
   49  during  the  period  from the start of the base period used to establish
   50  the benefit claim until the date of the claimant's filing of  the  valid
   51  original  claim  in an amount less than or equal to six times the claim-
   52  ant's benefit rate and the last employer has substantiated  such  amount
   53  to  the  satisfaction of the commissioner within ten days of the commis-
   54  sioner's original notice of potential charges to  such  last  employer's
   55  account,  benefits  shall be charged as follows: benefits payable to the
   56  claimant with respect to the claimant's then current benefit year  shall
       S. 3380                             4
    1  be charged, when paid, to the account of such last employer prior to the
    2  filing  of a valid original claim in an amount equal to the lowest whole
    3  number (one, two, three, four, five, or six) times the claimant's  bene-
    4  fit  rate where the product of such lowest whole number times the claim-
    5  ant's benefit rate is equal to or greater than such  total  remuneration
    6  paid  by  such  last employer to the claimant.  Thereafter, such charges
    7  shall be made to the account of each employer in the base period used to
    8  establish the valid original claim  in  the  same  proportion  that  the
    9  remuneration  paid  by  each  employer  to the claimant during that base
   10  period bears to the remuneration paid by all employers to  the  claimant
   11  during  that  base  period.  Notice  of  such recalculation of potential
   12  charges shall be given to the last employer and  each  employer  of  the
   13  claimant in the base period used to establish the valid original claim.
   14    S  6.  Subdivision  1  of  section 590 of the labor law, as amended by
   15  chapter 645 of the laws of 1951, is amended to read as follows:
   16    1. Entitlement to benefits. A claimant shall be entitled to accumulate
   17  effective [days] WEEKS for the purpose of benefit rights only if  he  OR
   18  SHE  has  complied  with  the  provisions  of this article regarding the
   19  filing of his OR HER claim, including the filing  of  a  valid  original
   20  claim,  registered  as  totally OR PARTIALLY unemployed, reported his OR
   21  HER subsequent employment and unemployment, and  reported  for  work  or
   22  otherwise given notice of the continuance of his OR HER unemployment.
   23    S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
   24  chapter 645 of the laws of 1951, is amended to read as follows:
   25    3. Compensable periods. Benefits shall be paid for each  [accumulation
   26  of] effective [days within a] week.
   27    S  8.  Subdivision  4  of  section 590 of the labor law, as amended by
   28  chapter 457 of the laws of 1987, is amended to read as follows:
   29    4. Duration. Benefits shall not be paid for more than [one hundred and
   30  four effective days] TWENTY-SIX EFFECTIVE WEEKS  in  any  benefit  year,
   31  except  as  provided  in  section six hundred one and subdivision two of
   32  section five hundred ninety-nine of this chapter.
   33    S 9. Paragraph (a) of subdivision 5 of section 590 of the  labor  law,
   34  as  amended by section 8 of part O of chapter 57 of the laws of 2013, is
   35  amended to read as follows:
   36    (a) A claimant's weekly benefit amount shall be  one  twenty-sixth  of
   37  the  remuneration  paid  during the highest calendar quarter of the base
   38  period by employers, liable for contributions or  payments  in  lieu  of
   39  contributions under this article, provided the claimant has remuneration
   40  paid  in  all  four  calendar  quarters during his or her base period or
   41  alternate base period. However, for any claimant  who  has  remuneration
   42  paid  in  all  four  calendar  quarters during his or her base period or
   43  alternate base period  and  whose  high  calendar  quarter  remuneration
   44  during  the  base  period  is  three  thousand five hundred seventy-five
   45  dollars or less, the benefit amount shall be  one  twenty-fifth  of  the
   46  remuneration paid during the highest calendar quarter of the base period
   47  by  employers  liable  for contributions or payments in lieu of contrib-
   48  utions under this article. A claimant's  weekly  benefit  shall  be  one
   49  twenty-sixth  of  the average remuneration paid in the two highest quar-
   50  ters paid during the base period or alternate base period  by  employers
   51  liable for contributions or payments in lieu of contributions under this
   52  article when the claimant has remuneration paid in two or three calendar
   53  quarters  provided  however, that a claimant whose high calendar quarter
   54  is four thousand dollars or less but greater than  three  thousand  five
   55  hundred  seventy-five  dollars shall have a weekly benefit amount of one
   56  twenty-sixth of such high calendar quarter. However,  for  any  claimant
       S. 3380                             5
    1  who  has  remuneration paid in two or three calendar quarters during his
    2  or her base period or alternate base  period  and  whose  high  calendar
    3  quarter  remuneration  during  the  base  period  is three thousand five
    4  hundred  seventy-five  dollars  or less, the benefit amount shall be one
    5  twenty-fifth of the remuneration paid during the highest calendar  quar-
    6  ter of the base period by employers liable for contributions or payments
    7  in  lieu  of  contributions  under  this  article.   ANY CLAIMANT WHO IS
    8  PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL  BE  PAID,
    9  WITH  RESPECT  TO  SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
   10  HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE  REMUNERATION,  IF  ANY,
   11  PAID  OR  PAYABLE  TO  HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
   12  PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT  CREDIT.  Any
   13  claimant whose high calendar quarter remuneration during the base period
   14  is  more than three thousand five hundred seventy-five dollars shall not
   15  have a weekly benefit amount less than one hundred forty-three  dollars.
   16  The  weekly  benefit  amount, so computed, that is not a multiple of one
   17  dollar shall be lowered to the next multiple of one dollar. On the first
   18  Monday of September, nineteen hundred ninety-eight  the  weekly  benefit
   19  amount  shall  not  exceed  three hundred sixty-five dollars nor be less
   20  than forty dollars, until the first Monday of September,  two  thousand,
   21  at  which  time the maximum benefit payable pursuant to this subdivision
   22  shall equal one-half of  the  state  average  weekly  wage  for  covered
   23  employment  as  calculated  by the department no sooner than July first,
   24  two thousand and no later than August first, two thousand, rounded  down
   25  to  the  lowest  dollar.  On  and after the first Monday of October, two
   26  thousand fourteen, the weekly benefit shall not be less than one hundred
   27  dollars, nor shall it exceed four hundred twenty dollars until the first
   28  Monday of October, two thousand fifteen when the maximum benefit  amount
   29  shall  be  four  hundred  twenty-five dollars, until the first Monday of
   30  October, two thousand sixteen when the maximum benefit amount  shall  be
   31  four  hundred  thirty  dollars,  until  the first Monday of October, two
   32  thousand seventeen when the maximum benefit amount shall be four hundred
   33  thirty-five dollars, until the first Monday  of  October,  two  thousand
   34  eighteen  when  the  maximum  benefit amount shall be four hundred fifty
   35  dollars, until the first Monday of October, two thousand  nineteen  when
   36  the  maximum  benefit  amount shall be thirty-six percent of the average
   37  weekly wage until the first Monday of October, two thousand twenty  when
   38  the  maximum benefit amount shall be thirty-eight percent of the average
   39  weekly wage, until the first Monday of October, two thousand  twenty-one
   40  when  the  maximum  benefit amount shall be forty percent of the average
   41  weekly wage, until the first Monday of October, two thousand  twenty-two
   42  when  the maximum benefit amount shall be forty-two percent of the aver-
   43  age weekly wage, until the first Monday of October, two  thousand  twen-
   44  ty-three  when the maximum benefit amount shall be forty-four percent of
   45  the average weekly wage, until the first Monday of October, two thousand
   46  twenty-four when the maximum benefit amount shall be  forty-six  percent
   47  of the average weekly wage, until the first Monday of October, two thou-
   48  sand  twenty-five  when  the maximum benefit amount shall be forty-eight
   49  percent of the average weekly wage, until the first Monday  of  October,
   50  two  thousand twenty-six and each year thereafter on the first Monday of
   51  October when the maximum benefit amount shall be fifty  percent  of  the
   52  average  weekly wage provided, however, that in no event shall the maxi-
   53  mum benefit amount be reduced from the previous year.
   54    S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
   55  ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
   56  of 1977, is amended to read as follows:
       S. 3380                             6
    1    6. Notification requirement. No effective [day] WEEK shall be  counted
    2  for  any purposes except effective [days] WEEKS as to which notification
    3  has been given in a manner prescribed by the commissioner.
    4    S  11.  Subdivision  7  of section 590 of the labor law, as amended by
    5  chapter 415 of the laws of 1983, is amended to read as follows:
    6    7. Waiting period. A claimant shall  not  be  entitled  to  accumulate
    7  effective  [days]  WEEKS for the purpose of benefit payments until he OR
    8  SHE has accumulated a waiting period  of  [four  effective  days  either
    9  wholly  within the week in which he established his valid original claim
   10  or partly within such week and partly within his benefit year  initiated
   11  by such claim] ONE EFFECTIVE WEEK.
   12    S  12.  Subdivision  1  of section 591 of the labor law, as amended by
   13  chapter 413 of the laws of 2003, is amended to read as follows:
   14    1. Unemployment. Benefits, except as provided in section five  hundred
   15  ninety-one-a  of  this  title,  shall  be paid only to a claimant who is
   16  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
   17  in  his  OR  HER usual employment or in any other for which he OR SHE is
   18  reasonably fitted by training and experience. A claimant who is  receiv-
   19  ing benefits under this article shall not be denied such benefits pursu-
   20  ant to this subdivision or to subdivision two of this section because of
   21  such  claimant's service on a grand or petit jury of any state or of the
   22  United States.
   23    S 13. Subdivision 1 of section 591 of the labor  law,  as  amended  by
   24  chapter 446 of the laws of 1981, is amended to read as follows:
   25    1.  Unemployment.  Benefits  shall  be  paid only to a claimant who is
   26  totally unemployed OR PARTIALLY UNEMPLOYED and who is unable  to  engage
   27  in  his  OR  HER usual employment or in any other for which he OR SHE is
   28  reasonably fitted by training and experience. A claimant who is  receiv-
   29  ing benefits under this article shall not be denied such benefits pursu-
   30  ant to this subdivision or to subdivision two of this section because of
   31  such  claimant's service on a grand or petit jury of any state or of the
   32  United States.
   33    S 14. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
   34  591-a of the labor law, as amended by section 14 of part O of chapter 57
   35  of the laws of 2013, is amended to read as follows:
   36    (i)  requirements relating to total unemployment AND PARTIAL UNEMPLOY-
   37  MENT, as defined in section five hundred  twenty-two  of  this  article,
   38  availability  for  work and search for work, as set forth in subdivision
   39  two of section five hundred ninety-one of  this  title  and  refusal  to
   40  accept  work,  as  set  forth in subdivision two of section five hundred
   41  ninety-three of this title, are not applicable to such individuals;
   42    S 15. Subdivision 2 of section 592 of the labor  law,  as  amended  by
   43  chapter 415 of the laws of 1983, is amended to read as follows:
   44    2.  Concurrent payments prohibited. No [days] WEEKS of total unemploy-
   45  ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any  week  with
   46  respect  to  which  [or  a  part of which] a claimant has received or is
   47  seeking unemployment benefits under an unemployment compensation law  of
   48  any  other  state  or of the United States, provided that this provision
   49  shall not apply if the appropriate agency of such other state or of  the
   50  United  States finally determines that he OR SHE is not entitled to such
   51  unemployment benefits.
   52    S 16. Paragraph (a) of subdivision 1 of section 593 of the labor  law,
   53  as amended by section 15 of part O of chapter 57 of the laws of 2013, is
   54  amended to read as follows:
   55    (a)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
   56  shall be deemed to occur after a claimant's voluntary separation without
       S. 3380                             7
    1  good cause from employment until he or she has  subsequently  worked  in
    2  employment  and  earned  remuneration at least equal to ten times his or
    3  her weekly benefit rate. In addition to other circumstances that may  be
    4  found  to constitute good cause, including a compelling family reason as
    5  set forth in paragraph (b) of  this  subdivision,  voluntary  separation
    6  from  employment  shall  not  in itself disqualify a claimant if circum-
    7  stances have developed in the course of such employment that would  have
    8  justified the claimant in refusing such employment in the first instance
    9  under  the  terms of subdivision two of this section or if the claimant,
   10  pursuant to an option provided under a collective  bargaining  agreement
   11  or  written  employer  plan  which permits waiver of his or her right to
   12  retain the employment when there is a temporary layoff because  of  lack
   13  of  work,  has  elected  to  be separated for a temporary period and the
   14  employer has consented thereto.
   15    S 17. Subdivision 2 of section 593 of the labor  law,  as  amended  by
   16  chapter  415  of  the  laws of 1983, the opening paragraph as amended by
   17  section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as
   18  added by chapter 589 of the laws of 1998, and paragraphs (d) and (e)  as
   19  amended  by  chapter  35  of  the  laws  of  2009, is amended to read as
   20  follows:
   21    2. Refusal of employment. No [days] WEEKS  of  total  unemployment  OR
   22  PARTIAL  UNEMPLOYMENT  shall  be deemed to occur beginning with the [day
   23  on] WEEK IN which a claimant, without good cause, refuses to  accept  an
   24  offer of employment for which he or she is reasonably fitted by training
   25  and  experience, including employment not subject to this article, until
   26  he or she has subsequently worked in employment and earned  remuneration
   27  at  least equal to ten times his or her weekly benefit rate. Except that
   28  claimants who are not subject to a recall date  or  who  do  not  obtain
   29  employment  through  a  union  hiring  hall and who are still unemployed
   30  after receiving ten weeks of benefits shall be required  to  accept  any
   31  employment  proffered  that  such  claimants  are capable of performing,
   32  provided that such employment would result  in  a  wage  not  less  than
   33  eighty  percent  of such claimant's high calendar quarter wages received
   34  in the base period and not substantially less than the  prevailing  wage
   35  for  similar  work  in  the locality as provided for in paragraph (d) of
   36  this subdivision. No refusal to accept employment shall be deemed  with-
   37  out  good  cause nor shall it disqualify any claimant otherwise eligible
   38  to receive benefits if:
   39    (a) a refusal to accept employment which would interfere with a claim-
   40  ant's right to join or retain membership in any  labor  organization  or
   41  otherwise interfere with or violate the terms of a collective bargaining
   42  agreement shall be with good cause;
   43    (b) there is a strike, lockout, or other industrial controversy in the
   44  establishment in which the employment is offered; or
   45    (c)  the  employment  is  at  an unreasonable distance from his OR HER
   46  residence, or travel to  and  from  the  place  of  employment  involves
   47  expense  substantially  greater  than that required in his OR HER former
   48  employment unless the expense be provided for; or
   49    (d) the wages or compensation  or  hours  or  conditions  offered  are
   50  substantially  less  favorable to the claimant than those prevailing for
   51  similar work in the locality, or are such as tend to  depress  wages  or
   52  working conditions; or
   53    (e)  the claimant is seeking part-time work as provided in subdivision
   54  five of section five hundred ninety-six of this title and the  offer  of
   55  employment  is not comparable to his or her part-time work as defined in
   56  such subdivision.
       S. 3380                             8
    1    S 18. Subdivision 3 of section 593 of the labor  law,  as  amended  by
    2  section  15  of  part O of chapter 57 of the laws of 2013, is amended to
    3  read as follows:
    4    3.  Misconduct. No [days] WEEKS of total unemployment OR PARTIAL UNEM-
    5  PLOYMENT shall be deemed to  occur  after  a  claimant  lost  employment
    6  through  misconduct in connection with his or her employment until he or
    7  she has subsequently worked in employment  and  earned  remuneration  at
    8  least equal to ten times his or her weekly benefit rate.
    9    S  19.  Subdivision  4  of section 593 of the labor law, as amended by
   10  chapter 589 of the laws of 1998, is amended to read as follows:
   11    4. Criminal acts. No [days] WEEKS of  total  unemployment  OR  PARTIAL
   12  UNEMPLOYMENT  shall  be deemed to occur during a period of twelve months
   13  after a claimant loses employment as a result of an act  constituting  a
   14  felony in connection with such employment, provided the claimant is duly
   15  convicted thereof or has signed a statement admitting that he or she has
   16  committed  such an act.  Determinations regarding a benefit claim may be
   17  reviewed at any time.  Any benefits paid to a claimant prior to a deter-
   18  mination that the claimant has lost employment as a result of  such  act
   19  shall  not  be  considered to have been accepted by the claimant in good
   20  faith.  In addition, remuneration paid to the claimant by  the  affected
   21  employer prior to the claimant's loss of employment due to such criminal
   22  act may not be utilized for the purpose of establishing entitlement to a
   23  subsequent,  valid  original claim.   The provisions of this subdivision
   24  shall apply even if the employment lost as a  result of such act is  not
   25  the claimant's last employment prior to the filing of his or her claim.
   26    S 20. Section 594 of the labor law, as amended by section 16 of part O
   27  of chapter 57 of the laws of 2013, is amended to read as follows:
   28    S  594.  Reduction  and  recovery of benefits and penalties for wilful
   29  false statement. (1) A claimant who has wilfully made a false  statement
   30  or  representation  to  obtain  any benefit under the provisions of this
   31  article shall forfeit benefits for at least the first [four] ONE but not
   32  more than the first [eighty] TWENTY  effective  [days]  WEEKS  following
   33  discovery  of such offense for which he or she otherwise would have been
   34  entitled to receive benefits. Such penalty shall apply  only  once  with
   35  respect to each such offense.
   36    (2) For the purpose of subdivision four of section five hundred ninety
   37  of  this  [article] TITLE, the claimant shall be deemed to have received
   38  benefits for such forfeited effective [days] WEEKS.
   39    (3) The penalty provided in this section shall not be  confined  to  a
   40  single  benefit year but shall no longer apply in whole or in part after
   41  the expiration of two years from the date of  the  final  determination.
   42  Such  two-year  period shall be tolled during the time period a claimant
   43  has an appeal pending.
   44    (4) A claimant shall refund all moneys received because of such  false
   45  statement  or  representation and pay a civil penalty in an amount equal
   46  to the greater of one hundred dollars or fifteen percent  of  the  total
   47  overpaid  benefits  determined  pursuant  to this section. The penalties
   48  collected hereunder shall  be  deposited  in  the  fund.  The  penalties
   49  assessed  under  this  subdivision  shall  apply and be assessed for any
   50  benefits paid  under  federal  unemployment  and  extended  unemployment
   51  programs  administered  by the department in the same manner as provided
   52  in this article. The penalties in this section shall be in  addition  to
   53  any  penalties imposed under this chapter or any state or federal crimi-
   54  nal statute. No penalties or interest assessed pursuant to this  section
   55  may be deducted or withheld from benefits.
       S. 3380                             9
    1    (5)  (a)  Upon a determination based upon a willful false statement or
    2  representation becoming final through exhaustion  of  appeal  rights  or
    3  failure  to  exhaust  hearing  rights,  the commissioner may recover the
    4  amount found to be due by commencing a civil action, or by  filing  with
    5  the  county  clerk  of  the  county where the claimant resides the final
    6  determination of the commissioner or the final decision by  an  adminis-
    7  trative  law  judge,  the appeal board, or a court containing the amount
    8  found to be due including interest and civil penalty.  The  commissioner
    9  may only make such a filing with the county clerk when:
   10    (i)  The claimant has responded to requests for information prior to a
   11  determination and such requests for information notified the claimant of
   12  his or her rights to a fair hearing as  well  as  the  potential  conse-
   13  quences  of  an investigation and final determination under this section
   14  including the notice required by subparagraph (iii) of paragraph (b)  of
   15  this  subdivision. Additionally if the claimant requested a fair hearing
   16  or appeal subsequent to a determination, that the claimant  was  present
   17  either  in person or through electronic means at such hearing, or subse-
   18  quent appeal from which a final determination was rendered;
   19    (ii) The commissioner has made efforts to collect on such final deter-
   20  mination; and
   21    (iii) The commissioner has sent a notice, in accordance with paragraph
   22  (b) of this subdivision, of intent to docket such final determination by
   23  first class or certified mail, return receipt requested, ten days  prior
   24  to the docketing of such determination.
   25    (b) The notice required in subparagraph (iii) of paragraph (a) of this
   26  subdivision shall include the following:
   27    (i)  That  the  commissioner  intends  to docket a final determination
   28  against such claimant as a judgment;
   29    (ii) The total amount to be docketed; and
   30    (iii) Conspicuous language that reads as  follows:  "Once  entered,  a
   31  judgment  is good and can be used against you for twenty years, and your
   32  money, including a portion of your paycheck and/or bank account, may  be
   33  taken.  Also, a judgment will hurt your credit score and can affect your
   34  ability to rent a home, find a job, or take out a loan."
   35    S 21. Subdivision 1 of section 596 of the labor  law,  as  amended  by
   36  chapter 204 of the laws of 1982, is amended to read as follows:
   37    1.  Claim  filing  and certification to unemployment. A claimant shall
   38  file a claim for benefits at the local state employment  office  serving
   39  the  area  in  which  he  OR SHE was last employed or in which he OR SHE
   40  resides within such time and in such manner as  the  commissioner  shall
   41  prescribe. He OR SHE shall disclose whether he OR SHE owes child support
   42  obligations,  as hereafter defined. If a claimant making such disclosure
   43  is eligible for benefits, the commissioner shall  notify  the  state  or
   44  local  child  support enforcement agency, as hereafter defined, that the
   45  claimant is eligible.
   46    A claimant shall correctly report any [days] WEEKS of  employment  and
   47  any  compensation  he  OR  SHE  received  for such employment, including
   48  employments not subject to this article, and the [days on] WEEKS  DURING
   49  which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
   50  make such reports in accordance with such regulations as the commission-
   51  er shall prescribe.
   52    S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
   53  ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
   54  chapter  436 of the laws of 1997 and such section as renumbered by chap-
   55  ter 663 of the laws of 1946, is amended to read as follows:
       S. 3380                            10
    1    4. Registration and reporting for work. A claimant shall  register  as
    2  totally  unemployed  OR PARTIALLY UNEMPLOYED at a local state employment
    3  office serving the area in which he OR SHE was last employed or in which
    4  he OR SHE resides in accordance with such regulations as the commission-
    5  er shall prescribe. After so registering, such claimant shall report for
    6  work  at the same local state employment office or otherwise give notice
    7  of the continuance of his OR HER  unemployment  as  often  and  in  such
    8  manner as the commissioner shall prescribe.
    9    S 23. Intentionally omitted.
   10    S 24.  Intentionally omitted.
   11    S  25.    The  opening paragraph and paragraph (e) of subdivision 2 of
   12  section 601 of the labor law, as amended by chapter 35 of  the  laws  of
   13  2009, is amended to read as follows:
   14    Extended  benefits shall be payable to a claimant for effective [days]
   15  WEEKS occurring [in any week] within an eligibility period, provided the
   16  claimant
   17    (e) is not claiming benefits pursuant to  an  interstate  claim  filed
   18  under  the  interstate benefit payment plan in a state where an extended
   19  benefit period is not in effect, except that this  condition  shall  not
   20  apply  with  respect to the first [eight] TWO effective [days] WEEKS for
   21  which extended benefits shall otherwise be payable pursuant to an inter-
   22  state claim filed under the interstate benefit payment plan; and
   23    S 26.  Subdivision 3 of section 601 of the labor law,  as  amended  by
   24  chapter 35 of the laws of 2009, is amended to read as follows:
   25    3.  Extended  benefit  amounts;  rate  and duration. Extended benefits
   26  shall be paid to a claimant
   27    (a) at a rate equal to his or her rate for regular benefits during his
   28  or her applicable benefit year but
   29    (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
   30  respect to his or her applicable benefit  year,  with  a  total  maximum
   31  amount  equal  to fifty percentum of the total maximum amount of regular
   32  benefits payable in such benefit year, and
   33    (c) if a claimant's benefit year ends within an extended benefit peri-
   34  od, the remaining balance of extended benefits to which he or she  would
   35  be  entitled, if any, shall be reduced by the number of effective [days]
   36  WEEKS for which he or she was entitled  to  receive  trade  readjustment
   37  allowances  under the federal trade act of nineteen hundred seventy-four
   38  during such benefit year, and
   39    (d) for periods of high unemployment for not more than  eighty  effec-
   40  tive days with respect to the applicable benefit year with a total maxi-
   41  mum  amount equal to eighty percent of the total maximum amount of regu-
   42  lar benefits payable in such benefit year.
   43    S 27. Subdivision 4 of section 601 of the labor  law,  as  amended  by
   44  chapter 35 of the laws of 2009, is amended to read as follows:
   45    4.  Charging  of extended benefits. The provisions of paragraph (e) of
   46  subdivision one of section five hundred eighty-one of this article shall
   47  apply to benefits paid pursuant to the provisions of this  section,  and
   48  if  they were paid for effective [days occurring in] weeks following the
   49  end of a benefit year, they shall be deemed paid with  respect  to  that
   50  benefit  year.  However,  except for governmental entities as defined in
   51  section five hundred sixty-five and Indian tribes as defined in  section
   52  five  hundred  sixty-six of this article, only one-half of the amount of
   53  such benefits shall be debited to the employers' account; the  remainder
   54  thereof  shall be debited to the general account, and such account shall
   55  be credited with the amount of payments received in the fund pursuant to
   56  the provisions of the federal-state extended  unemployment  compensation
       S. 3380                            11
    1  act.  Notwithstanding  the  foregoing,  where  the  state has entered an
    2  extended benefit period triggered pursuant to subparagraph one of  para-
    3  graph  (a)  of  subdivision  one  of  this section for which federal law
    4  provides  for  one hundred percent federal sharing of the costs of bene-
    5  fits, all charges shall be debited  to  the  general  account  and  such
    6  account  shall  be  credited with the amount of payments received in the
    7  fund pursuant to the provisions of the federal-state extended  unemploy-
    8  ment  compensation  act  or  other federal law providing for one hundred
    9  percent federal sharing for the cost of such benefits.
   10    S 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
   11  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
   12  follows:
   13    (b) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
   14  shall  be  deemed  to  occur  [in any week] within an eligibility period
   15  during which a claimant fails to accept any offer of  suitable  work  or
   16  fails  to apply for suitable work to which he or she was referred by the
   17  commissioner, who shall make such referral if such work is available, or
   18  during which he or she fails to  engage  actively  in  seeking  work  by
   19  making  a  systematic  and sustained effort to obtain work and providing
   20  tangible evidence of such effort, and until he  or  she  has  worked  in
   21  employment during at least four subsequent weeks and earned remuneration
   22  of at least four times his or her benefit rate.
   23    S  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
   24  as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
   25  follows:
   26    (e)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
   27  shall be deemed to occur [in any  week]  within  an  eligibility  period
   28  under  section  five hundred ninety-three of this [article] TITLE, until
   29  he or she has subsequently worked in employment in accordance  with  the
   30  requirements  set  forth  in  section  five hundred ninety-three of this
   31  [article] TITLE.
   32    S 30. Section 603 of the labor law, as amended by section 21 of part O
   33  of chapter 57 of the laws of 2013, is amended to read as follows:
   34    S 603. Definitions. For purposes of this title:  "Total  unemployment"
   35  shall mean the total lack of any employment [on any day] DURING ANY WEEK
   36  AND  "PARTIAL  UNEMPLOYMENT"  SHALL  MEAN ANY EMPLOYMENT DURING ANY WEEK
   37  THAT IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION  PAID
   38  IS  LESS  THAN  THE  CLAIMANT'S  WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S
   39  PARTIAL BENEFIT CREDIT, other than  with  an  employer  applying  for  a
   40  shared  work  program.  "Work  force" shall mean the total work force, a
   41  clearly identifiable unit or units thereof, or  a  particular  shift  or
   42  shifts.  The  work  force  subject to reduction shall consist of no less
   43  than two employees.
   44    S 31. The executive law is amended by adding a new  section  296-d  to
   45  read as follows:
   46    S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
   47  EMPLOYMENT  AGENCIES;  UNEMPLOYMENT  STATUS. 1. FOR THE PURPOSES OF THIS
   48  SECTION, THE TERM "UNEMPLOYMENT STATUS"  SHALL  MEAN  BEING  UNEMPLOYED,
   49  HAVING  ACTIVELY  LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
   50  WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
   51    2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  OR
   52  LICENSING  AGENCY,  BECAUSE  OF  AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
   53  REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
   54  AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
   55  ILEGES OF EMPLOYMENT.
       S. 3380                            12
    1    3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  OR
    2  AN  EMPLOYMENT  AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
    3  UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING,  DISPOSING  OR  OTHERWISE
    4  ACTING  UPON  APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
    5  OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
    6    4.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
    7  AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE  TO  BE  PRINTED  OR
    8  CIRCULATED  ANY  STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
    9  FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN  CONNECTION
   10  WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
   11  LIMITATION,  SPECIFICATION  OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
   12  OR ANY INTENT TO MAKE ANY SUCH LIMITATION,  SPECIFICATION  OR  DISCRIMI-
   13  NATION,  UNLESS  BASED  UPON  A  BONA  FIDE  OCCUPATIONAL QUALIFICATION;
   14  PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION  OF  THIS
   15  CHAPTER  OR  OTHER  LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
   16  CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
   17  THAN ONE COUNTY FROM REQUESTING INFORMATION FROM  APPLICANTS  FOR  CIVIL
   18  SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
   19  THAN  SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
   20  TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
   21  OF MINORITY GROUPS TO ENSURE THE FAIREST  POSSIBLE  AND  EQUAL  OPPORTU-
   22  NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
   23    5.  ANY  EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
   24  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN  AN  AMOUNT  NOT  TO
   25  EXCEED  FIVE  THOUSAND  DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
   26  DOLLARS FOR EACH SUBSEQUENT VIOLATION.
   27    S 32. Paragraph (c) of subdivision 1 of section 593 of the labor  law,
   28  as  amended  by  chapter  35  of the laws of 2009, is amended to read as
   29  follows:
   30    [(c) A disqualification as provided in  this  subdivision  shall  also
   31  apply  after  a  claimant's voluntary separation from employment if such
   32  voluntary separation was due to claimant's marriage.]
   33    S 33. Paragraph (d) of subdivision 11 of section 590 of the labor  law
   34  is  relettered paragraph (e) and a new paragraph (d) is added to read as
   35  follows:
   36    (D) IN THE CASE OF A CLAIMANT  WHO  WAS  EMPLOYED  IN  OTHER  THAN  AN
   37  INSTRUCTIONAL,  RESEARCH  OR  PRINCIPAL  ADMINISTRATIVE  CAPACITY  BY AN
   38  EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
   39  SUCH CAPACITY WHILE EMPLOYED BY  AN  EDUCATIONAL  SERVICE  AGENCY,  SUCH
   40  CLAIMANT  IS  PRESUMED  NOT  TO HAVE REASONABLE ASSURANCE UNDER AN OFFER
   41  THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC  CHANGES.  IT
   42  IS  THE COLLEGE'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME
   43  THIS PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON A  CASE-BY-
   44  CASE  BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF
   45  ANY ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF
   46  AN OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
   47  PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
   48  TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
   49  TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE  TO  BE
   50  USED TO DENY A CLAIM FOR UNEMPLOYMENT.
   51    S  34.  Subdivision  10  of section 590 of the labor law is amended by
   52  adding a new paragraph (d) to read as follows:
   53    (D) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH  AMERI-
   54  CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
   55  IN  A  PRINCIPAL,  ADMINISTRATIVE,  RESEARCH OR INSTRUCTIONAL CAPACITY A
   56  PERSON IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER  THAT
       S. 3380                            13
    1  IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
    2  EMPLOYER'S  BURDEN  TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME THIS
    3  PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON  A  CASE-BY-CASE
    4  BASIS  BY  THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY
    5  ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF  AN
    6  OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
    7  PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
    8  TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
    9  TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE  TO  BE
   10  USED TO DENY A CLAIM FOR UNEMPLOYMENT.
   11    S  35.  Section 599 of the labor law, as amended by chapter 593 of the
   12  laws of 1991, is amended to read as follows:
   13    S 599.  Career and related training; preservation of  eligibility.  1.
   14  Notwithstanding  any  other  provision of this article, a claimant shall
   15  not become ineligible for benefits because  of  the  claimant's  regular
   16  attendance in a program of training which the commissioner has approved.
   17  The  commissioner  shall give due consideration to existing and prospec-
   18  tive conditions of the labor market in the state,  taking  into  account
   19  present  and  anticipated  supply and demand regarding the occupation or
   20  skill to which the training relates, and to any other relevant factor. A
   21  DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER  THIS  ARTICLE
   22  SHALL  BE  ISSUED  TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
   23  THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
   24  THE STATE DIVISION OF VETERANS' AFFAIRS, THE DEPARTMENT,  THE  NEW  YORK
   25  STATE  DEPARTMENTS  OF  EDUCATION, CORRECTIONAL SERVICES, HEALTH, OR THE
   26  OFFICE OF MENTAL HEALTH, THE EMPIRE STATE  DEVELOPMENT  CORPORATION,  OR
   27  THE  STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER. Howev-
   28  er, in no event shall the commissioner approve  [such]  training  for  a
   29  claimant  NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR QUASI-STATE
   30  ENTITY LISTED ABOVE unless:
   31    (a) (1) the training will upgrade the  claimant's  existing  skill  or
   32  train the claimant for an occupation likely to lead to more regular long
   33  term  employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
   34  WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
   35    (2) employment opportunities for the claimant are or may  be  substan-
   36  tially impaired because of:
   37    (i)  existing  or  prospective  conditions  of the labor market in the
   38  locality or in the state or reduced opportunities for employment in  the
   39  claimant's occupation or skill; or
   40    (ii)  technological change, plant closing or plant removal, discontin-
   41  uance of specific plant operations, or similar reasons; or
   42    (iii) limited opportunities for employment throughout the year due  to
   43  the seasonal nature of the industry in which the claimant is customarily
   44  employed; or
   45    (iv)  the  claimant's personal traits such as physical or mental hand-
   46  icap; and
   47    (b) the training, INCLUDING REMEDIAL EDUCATION WHICH  IS  INTEGRAL  TO
   48  CAREER  ADVANCEMENT  OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
   49  relates to an occupation or skill for which there are, or  are  expected
   50  to  be  in  the immediate future, reasonable employment opportunities in
   51  the state; and
   52    (c) the training is offered by a competent  and  reliable  agency  and
   53  does not require more than twenty-four months to complete; and
   54    (d)  the  claimant  has  the  required qualifications and aptitudes to
   55  complete the training successfully.
       S. 3380                            14
    1    2. (a) Notwithstanding any other provision of this chapter, a claimant
    2  attending an approved training course or program under this section  may
    3  receive  additional  benefits  of  up  to  [one hundred four] TWENTY-SIX
    4  effective [days] WEEKS  following  exhaustion  of  regular  and,  if  in
    5  effect,  any other extended benefits, provided that entitlement to a new
    6  benefit claim cannot be established. Certification of  continued  satis-
    7  factory  participation  and  progress in such training course or program
    8  must be submitted to the commissioner prior to the payment of  any  such
    9  benefits.  [The  duration  of  such additional benefits shall in no case
   10  exceed twice the number of effective days of regular benefits  to  which
   11  the  claimant  is  entitled  at the time the claimant is accepted in, or
   12  demonstrates application for appropriate training.] ANY UNEMPLOYED INDI-
   13  VIDUAL RECEIVING UNEMPLOYMENT  INSURANCE  BENEFITS  PAYABLE  UNDER  THIS
   14  SUBDIVISION,  WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK TRAIN-
   15  ING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF
   16  HIS OR HER RECEIVING BENEFITS, AND IS DETERMINED ELIGIBLE  FOR  BENEFITS
   17  UNDER  THIS  ARTICLE,  IS  ENTITLED  TO A TRAINING EXTENSION OF THE FULL
   18  TWENTY-SIX EFFECTIVE WEEKS  ON  HIS  OR  HER  UNEMPLOYMENT  COMPENSATION
   19  CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING.
   20    (b)  No  more than [twenty] FIFTY million dollars of benefits per year
   21  shall be made available for payment to claimants participating  in  such
   22  courses or programs.
   23    (c)  Participation  in  such  training  course or program shall not be
   24  limited to any selected areas or localities of the state but subject  to
   25  the  availability of funds, shall be available to any claimant otherwise
   26  eligible to participate in training courses or programs pursuant to this
   27  section.
   28    (d) The additional benefits paid to a claimant shall be charged to the
   29  general account.
   30    3. Notwithstanding any other provision of this article, a claimant who
   31  is in training approved under the federal trade act of nineteen  hundred
   32  seventy-four shall not be disqualified or become ineligible for benefits
   33  because  he OR SHE is in such training or because he OR SHE left employ-
   34  ment which is not  suitable  employment  to  enter  such  training.  For
   35  purposes  hereof,  "suitable  employment"  means work of a substantially
   36  equal or higher skill level than the claimant's past adversely  affected
   37  employment  and  for  which  the  remuneration  is  not less than eighty
   38  percent of the claimant's average weekly wage.
   39    S 36.  Section 3 of chapter 831 of the  laws  of  1981,  amending  the
   40  labor  law  relating  to  fees  and  expenses  in unemployment insurance
   41  proceedings, as amended by chapter 115 of the laws of 2014,  is  amended
   42  to read as follows:
   43    S  3.  This  act shall take effect January 1, 1982, provided, however,
   44  that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
   45  law as added by section one of this act shall remain in full  force  and
   46  effect until December 31, [2016] 2018.
   47    S 37. Article 18 of the labor law is amended by adding a new title 7-B
   48  to read as follows:
   49                                   TITLE 7-B
   50           UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS
   51  SECTION 615. DEFINITIONS.
   52          616. ELIGIBILITY   FOR   UNEMPLOYMENT   INSURANCE  FOR  DOMESTIC
   53                 VIOLENCE SURVIVORS.
   54          617. TRAINING PROGRAM.
   55    S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
       S. 3380                            15
    1    1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
    2  EMPLOYEE'S DEPENDENT CHILD BY:
    3    (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
    4    (B)  A  PERSON  WITH  WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
    5  COMMON; OR
    6    (C) A PERSON WHO IS COHABITATING WITH, OR HAS  COHABITATED  WITH,  THE
    7  EMPLOYEE; OR
    8    (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
    9    (E)  A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
   10  RELATIONSHIP.
   11    2. "ABUSE" MEANS:
   12    (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
   13    (B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL  HARM;
   14  OR
   15    (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
   16  BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
   17    (D)  ENGAGING  IN  MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
   18  STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
   19    (E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD  OR  OTHER
   20  NECESSITIES OF LIFE; OR
   21    (F) RESTRAINING THE LIBERTY OF ANOTHER.
   22    S  616.  ELIGIBILITY  FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
   23  SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING  UNEM-
   24  PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
   25  TION  OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
   26  TO DOMESTIC VIOLENCE, INCLUDING:
   27    (A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE  AT  OR
   28  EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.
   29    (B)  THE  CLAIMANT'S  NEED  TO  RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
   30  ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
   31    (C) THE CLAIMANT'S NEED TO ADDRESS  THE  PHYSICAL,  PSYCHOLOGICAL  AND
   32  LEGAL IMPACTS OF DOMESTIC VIOLENCE.
   33    (D)  THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF RECEIV-
   34  ING SERVICES OR SHELTER FROM AN AGENCY WHICH PROVIDES  SUPPORT  SERVICES
   35  OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
   36    (E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
   37  TO  REASONABLY  BELIEVE  THAT TERMINATION OF EMPLOYMENT IS NECESSARY FOR
   38  THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
   39    2. A CLAIMANT MAY DEMONSTRATE THE EXISTENCE OF  DOMESTIC  VIOLENCE  BY
   40  PROVIDING ONE OF THE FOLLOWING:
   41    (A)  A  RESTRAINING  ORDER  OR OTHER DOCUMENTATION OF EQUITABLE RELIEF
   42  ISSUED BY A COURT OF COMPETENT JURISDICTION;
   43    (B) A POLICE RECORD DOCUMENTING THE ABUSE;
   44    (C) DOCUMENTATION THAT THE ABUSER HAS BEEN CONVICTED OF  ONE  OR  MORE
   45  CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
   46    (D) MEDICAL DOCUMENTATION OF THE ABUSE;
   47    (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
   48  MEMBER  OF  THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR OTHER PROFES-
   49  SIONAL WHO HAS ASSISTED THE CLAIMANT IN ADDRESSING THE  EFFECTS  OF  THE
   50  ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
   51    (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
   52    3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
   53  ING  THE  CLAIMANT'S  STATEMENT  AND  CORROBORATING  EVIDENCE,  SHALL BE
   54  DISCLOSED BY THE DEPARTMENT UNLESS CONSENT FOR DISCLOSURE  IS  GIVEN  BY
   55  THE CLAIMANT.
       S. 3380                            16
    1    4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
    2  TO  PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S NEED
    3  TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS  OF  THE
    4  DOMESTIC VIOLENCE.
    5    S  617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A TRAIN-
    6  ING CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH  CLAIM-
    7  ANTS  APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC VIOLENCE
    8  STATUS.
    9    2. ALL SENIOR MANAGEMENT PERSONNEL OF THE  DEPARTMENT  THAT  SUPERVISE
   10  THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
   11  BE  TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE EFFEC-
   12  TIVE DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING  PLAN
   13  FOR  EMPLOYEES  OF  THE  DEPARTMENT  WHO  INTERACT  WITH CLAIMANTS TO BE
   14  TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
   15  MENT SEPARATIONS STEMMING FROM DOMESTIC VIOLENCE ARE  RELIABLY  SCREENED
   16  AND  ADJUDICATED,  AND  SO THAT VICTIMS OF DOMESTIC VIOLENCE ARE ABLE TO
   17  TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
   18  MENT.
   19    S 38. The opening paragraph of subdivision 1 of  section  560  of  the
   20  labor  law, as amended by chapter 103 of the laws of 1965, is amended to
   21  read as follows:
   22    Any employer shall become liable for contributions under this  article
   23  if  he  has paid remuneration of [three hundred] ONE THOUSAND dollars or
   24  more in any calendar quarter, except  that  liability  with  respect  to
   25  persons  employed in personal or domestic service in private homes shall
   26  be considered  separately  and  an  employer  shall  become  liable  for
   27  contributions  with  respect to such persons only if he has paid to them
   28  remuneration in cash of five hundred dollars or  more  in  any  calendar
   29  quarter.    Such liability for contributions shall commence on the first
   30  day of such calendar quarter.
   31    S 39. Paragraph (c) of subdivision 1 of section 538 of the labor  law,
   32  as  amended  by  chapter  831 of the laws of 1981, is amended to read as
   33  follows:
   34    (c) Claims of representatives for services rendered to a  claimant  in
   35  connection  with  any  claim  arising  under  this  article shall not be
   36  enforceable unless approved by the appeal board and shall  in  no  event
   37  exceed  the benefit allowed, INCLUDING BENEFITS THAT ARE NON-RECOVERABLE
   38  PURSUANT TO SUBDIVISION FOUR OF SECTION  FIVE  HUNDRED  NINETY-SEVEN  OF
   39  THIS  ARTICLE,  except as provided in paragraph (d) of this subdivision.
   40  In approving any fee requested by  a  representative  pursuant  to  this
   41  section, the appeal board shall consider the following factors:  (i) the
   42  total  benefit allowed; (ii) the time spent in providing representation;
   43  (iii) the legal and factual complexities involved; and (iv)  such  other
   44  factors as the appeal board may deem relevant.
   45    S  40.  Subdivision  4  of section 597 of the labor law, as amended by
   46  chapter 61 of the laws of 1998, is amended to read as follows:
   47    4. Effect of review. Whenever a new determination in  accordance  with
   48  [the  preceding]  subdivision  THREE  OF THIS SECTION or a decision by a
   49  referee, the appeal board, or a court results in a decrease or denial of
   50  benefits previously allowed, such new determination or decision,  unless
   51  it  shall be based upon a retroactive payment of remuneration, shall not
   52  affect the rights to any benefits already paid under  the  authority  of
   53  the  prior  determination or decision provided they were accepted by the
   54  claimant in good faith and the claimant did not make any false statement
   55  or representation and did not wilfully conceal  any  pertinent  fact  in
   56  connection with his or her claim for benefits.  NON-RECOVERABLE BENEFITS
       S. 3380                            17
    1  PURSUANT  TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED BENE-
    2  FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
    3    S 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
    4  law  relating  to  the  self-employment  assistance  program  and  other
    5  matters, as amended by section 2 of part Z of chapter 57 of the laws  of
    6  2013, is amended to read as follows:
    7    S 10.  This act shall take effect immediately; provided, however, that
    8  sections eight and nine of this act shall expire December 7, [2015] 2017
    9  when  upon  such  date  the  provisions of such sections shall be deemed
   10  repealed.
   11    S 42. The opening paragraph of  paragraph  (a)  of  subdivision  6  of
   12  section  511  of the labor law, as amended by chapter 675 of the laws of
   13  1977, is amended to read as follows:
   14    The term "employment" [does not include]  INCLUDES agricultural  labor
   15  [unless  it is covered pursuant to section five hundred sixty-four]. The
   16  term "agricultural labor" includes all service performed:
   17    S 43. Section 564 of the labor law, as added by  chapter  675  of  the
   18  laws of 1977, is amended to read as follows:
   19    S  564.  Agricultural  labor CREW LEADERS.  [1. Coverage. (a) Notwith-
   20  standing the provisions of section five hundred sixty of  this  article,
   21  an employer of persons engaged in agricultural labor shall become liable
   22  for contributions under this article if the employer:
   23    (1)  has  paid cash remuneration of twenty thousand dollars or more in
   24  any calendar quarter to persons employed in agricultural labor, and such
   25  liability shall commence on the first day of such quarter, or
   26    (2) has employed in agricultural labor ten or more persons on each  of
   27  twenty  days during a calendar year or the preceding calendar year, each
   28  day being in a different calendar week, and the liability shall in  such
   29  event commence on the first day of the calendar year, or
   30    (3)  is  liable for the tax imposed under the federal unemployment tax
   31  act as an employer of agricultural labor and the liability shall in such
   32  event commence on the first day of the calendar quarter in such calendar
   33  year when he first paid remuneration  for  agricultural  labor  in  this
   34  state.
   35    (b)  An  employer who becomes liable for contributions under paragraph
   36  (a) of this subdivision shall cease to be liable as of the first day  of
   37  a  calendar  quarter  next following the filing of a written application
   38  provided the commissioner finds that the employer:
   39    (1) has not paid to persons employed in agricultural labor cash remun-
   40  eration of twenty thousand dollars or more in any of the eight  calendar
   41  quarters preceding such day, and
   42    (2) has not employed in agricultural labor ten or more persons on each
   43  of  twenty  days during the current or the preceding calendar year, each
   44  day being in a different week, and
   45    (3) is not liable for the tax imposed under the  federal  unemployment
   46  tax act as an employer of agricultural labor.
   47    2.  Crew  leader.] Whenever a person renders services as a member of a
   48  crew which is paid and furnished by the crew leader to perform  services
   49  in  agricultural  labor for another employer, such other employer shall,
   50  for the purpose of this article, be deemed to be the  employer  of  such
   51  person, unless:
   52    [(a)]  1.  the  crew  leader holds a valid certificate of registration
   53  under the federal farm labor contractor  registration  act  of  nineteen
   54  hundred sixty-three or substantially all the members of the crew operate
   55  or  maintain tractors, mechanized harvesting or cropdusting machinery or
   56  any other mechanized equipment which is provided by the crew leader, and
       S. 3380                            18
    1    [(b)] 2. the crew leader is not an employee of such other employer and
    2  has not entered into a written agreement with such employer under  which
    3  he is designated as an employee.
    4    S  44.  Section 592 of the labor law, as amended by chapter 415 of the
    5  laws of 1983, subdivision 1 as amended by chapter 177  of  the  laws  of
    6  2010, is amended to read as follows:
    7    S  592.  [Suspension  of accumulation of benefit rights. 1. Industrial
    8  controversy. (a) The accumulation of benefit rights by a claimant  shall
    9  be  suspended  during a period of seven consecutive weeks beginning with
   10  the day after such claimant lost his or  her  employment  because  of  a
   11  strike  or  other  industrial controversy except for lockouts, including
   12  concerted activity not authorized or sanctioned  by  the  recognized  or
   13  certified bargaining agent of the claimant, and other concerted activity
   14  conducted  in violation of any existing collective bargaining agreement,
   15  in the establishment in which he or she was employed, except that  bene-
   16  fit  rights may be accumulated before the expiration of such seven weeks
   17  beginning with the day after such strike or other industrial controversy
   18  was terminated.
   19    (b) Benefits shall not be suspended under this section if:
   20    (i) The employer hires a permanent replacement worker for the  employ-
   21  ee's  position.  A  replacement worker shall be presumed to be permanent
   22  unless the employer certifies in writing that the employee will be  able
   23  to return to his or her prior position upon conclusion of the strike, in
   24  the  event  the strike terminates prior to the conclusion of the employ-
   25  ee's eligibility for benefit rights under this chapter. In the event the
   26  employer does not permit  such  return  after  such  certification,  the
   27  employee  shall  be entitled to recover any benefits lost as a result of
   28  the seven week suspension of benefits, and the department may  impose  a
   29  penalty  upon  the  employer  of  up  to seven hundred fifty dollars per
   30  employee per week of benefits lost. The penalty collected shall be  paid
   31  into  the  unemployment  insurance  control fund established pursuant to
   32  section five hundred fifty-two-b of this article; or
   33    (ii) The commissioner determines that the claimant:
   34    (A) is not employed by an employer that is involved in the  industrial
   35  controversy that caused his or her unemployment and is not participating
   36  in the industrial controversy; or
   37    (B) is not in a bargaining unit involved in the industrial controversy
   38  that  caused  his  or  her  unemployment and is not participating in the
   39  industrial controversy.
   40    2.] Concurrent payments prohibited.  No  days  of  total  unemployment
   41  shall  be deemed to occur in any week with respect to which or a part of
   42  which a claimant has received or is seeking unemployment benefits  under
   43  an  unemployment  compensation  law  of any other state or of the United
   44  States, provided that this provision shall not apply if the  appropriate
   45  agency  of  such  other state or of the United States finally determines
   46  that he is not entitled to such unemployment benefits.
   47    [3. Terms of suspension. No waiting period  may  be  served  during  a
   48  suspension period.
   49    The  suspension  of accumulation of benefit rights shall not be termi-
   50  nated by subsequent employment of the claimant irrespective of when  the
   51  claim  is  filed  except as provided in subdivision one and shall not be
   52  confined to a single benefit year.
   53    A "week" as used in subdivision one of this section  means  any  seven
   54  consecutive calendar days.]
   55    S  45. This act shall take effect immediately; provided, however, that
   56  the amendments to subdivision 1 of section 591 of the labor law made  by
       S. 3380                            19
    1  section twelve of this act shall be subject to the expiration and rever-
    2  sion  of  such  subdivision pursuant to section 10 of chapter 413 of the
    3  laws of 2003, as amended, when upon such date the provisions of  section
    4  thirteen  of  this  act  shall  take effect; provided, further, that the
    5  amendment to section 591-a of the labor law made by section fourteen  of
    6  this act shall not affect the repeal of such section and shall be deemed
    7  repealed therewith.