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S357Senate2013-2014 Session

Relates to the refusal to work and the disqualification of benefits

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Print number 357a
  2. Amend and recommit to labor
  3. Referred to labor
  4. Referred to labor

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S357A

Title of bill

An act to amend the labor law, in relation to disqualification for benefits and refusal of employment

Purpose

This act would require a claimant of unemployment to accept any employment proffered that such claimant is capable of performing, provided that this employment would result in a wage not less than the wage such claimant received in his or her high calendar quarter of the base period.

Summary of provisions

Section one requires a claimant of unemployment to accept any employment proffered that such claimant is capable of performing, provided that this employment would result in a wage not less than the wage such claimant received in his or her high calendar quarter of the base period. Claimants are provided with the ability to refuse such employment with good cause if the hours or working conditions offered are substantively less favorable to the claimant than those prevailing for similar work in the locality, or are such that tend to depress working conditions.

Existing law

A claimant may turn down employment that is equal to or greater than eighty percent of the wage such claimant received in his or her high calendar quarter of the base period if such wage is substantially less than the prevailing wage for similar work in the locality.

Justification

An employee that has been laid off currently can refuse to return to a job he/she previously held at the same wage he/she previously earned because he/she is being offered a wage less than the prevailing wage. The prevailing wage does not take into account experience, but solely the job description, creating a situation in which entry level employees can refuse to return to employment unless they are offered a wage more appropriate to someone with significant experience. This dynamic keeps workers from returning to the workforce, increasing the cost of unemployment insurance on businesses.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.