What's happening
This bill amends labor law to require unemployed claimants to accept jobs only if the wages match or exceed their highest previous quarterly earnings.
Why it matters
Raises the wage standard for unemployed benefit recipients. This bill would require that, after ten weeks of benefits, unemployed individuals only have to accept job offers that pay at least as much as their highest-earning calendar quarter from their prior employment. This is a significant shift from prior rules, which could have pressured claimants to accept lower-paying jobs after an extended job search.
Potentially reduces downward wage pressure. By tying the minimum acceptable job offer to a claimant’s previous high earnings, the bill aims to prevent unemployment from pushing people into lower-wage work, which can have long-term impacts on career earnings and economic stability.
Could affect benefit eligibility and duration. If claimants reject job offers that do not meet the new wage criteria, they would not be disqualified from receiving benefits. This change could support workers in holding out for better-matched positions, but might also extend benefit claims if higher-paying jobs are scarce.
May influence employer hiring practices and local labor markets. Employers seeking to fill positions with unemployed workers may need to offer higher wages to attract qualified candidates, which could impact wage standards and competitiveness in affected industries and localities.
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Who cares
Headline styles
Change Jobless Benefits Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 benefits and refusal of employment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 593 of the labor law, as amended by chapter 415 of the laws of 1983, the opening paragraph as amended by section 15 of part O of chapter 57 of the laws of 2013, paragraph (a) as added by chapter 589 of the laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of the laws of 2009, is amended to read as follows:
2. Refusal of employment. No days of total unemployment shall be deemed to occur beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or she is reasonably fitted by training and experience, including employment not subject to this article, until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than such claimant's high calendar quarter wages received in the base period; or would result in a wage greater than eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevailing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligible to 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
(a) a refusal to accept employment which would interfere with a claimant's right to join or retain membership in any labor organization or otherwise interfere with or violate the terms of a collective bargaining agreement shall be with good cause; or
(b) there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered; or
(c) the employment is at an unreasonable distance from his or her residence, or travel to and from the place of employment involves expense substantially greater than that required in his or her former employment unless the expense be provided for; or
(d) the wages and compensation are less than such claimant's high calendar quarter wages and compensation received, the wages or compensation [or hours or conditions] offered are substantially less favorable to the claimant than those prevailing for similar work in the locality, or are such as tend to depress wages [or working conditions]; or
(e) the hours or conditions offered are substantially less favorable to the claimant than those prevailing for similar work in the locality, or are such as tend to depress working conditions; or
[(e)] (f) the claimant is seeking part-time work as provided in subdivision five of section five hundred ninety-six of this title and the offer of employment is not comparable to his or her part-time work as defined in such subdivision.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 1. 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.
Section 2. Contains the effective date.
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
2015-16: S.81 Referred to Labor 2013-14: S.357-A Referred to Labor
Fiscal implications
None.
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.