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S5020Senate2013-2014 Session

Requires the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid

Sponsor Brad Hoylman-SigalSD-27Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to labor
  2. Referred to labor

Full text

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

Sponsor's memo

BILL NUMBER:S5020

Title of bill

An act to amend the labor law, in relation to requiring the calculation of unemployment benefits to be determined based on the period of employment rather than the period during which salary was paid

Summary of provisions

Section One of the bill amends paragraph (b) of subdivision 2 of section 597 of the Labor law, as amended by chapter 413 of the laws of 2003 to state the unemployment benefits are to be determined by the Commissioner of Labor, and shall be based upon either the period the claimant has worked for the employer and or the period for which the claimant was paid by the employer, whichever is favorable to the applicant.

Existing law

New bill

Justification

Under existing laws and regulations, one of the criteria by which the New York State Department of Labor (DOL) determines eligibility for Unemployment Insurance (UI) excludes certain individuals who should be eligible and rewards employers who are tardy in issuing paychecks.

To meet the criterion in question, a UI applicant's total wages in the "alternate base period," or the last four calendar quarters prior to the UI application, must be at least one and one-half times the highest quarter wages -- up to $8,910. For example, if an individual works nine out of the last 12 months and earns $8,910 in one quarter, she has to have made at least half of that, or $4,455, throughout her other two quarters of employment to be eligible for UI.

Currently, DOL only considers the quarters in which applicants get paid, not when they actually work. This policy incentivizes late payments from employers, as earned income clustered in one quarter can disqualify former employees from UI, thereby reducing employers' UI liability. Moreover, employers and their payroll companies make mistakes that similarly result in clustered payments. In either case, applicants should be held harmless.

This legislation directs DOL to determine eligibility based on either the periods in which applicants have worked or when they get paid, whichever is more favorable to the applicants.

Legislative history

New Bill

Fiscal implications

To be determined

Effective date

This act shall take effect immediately

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