What's happening
This bill reduces the unemployment benefit suspension period for striking workers from seven weeks to one week in New York.
Why it matters
Provides much quicker financial support to workers on strike. , which can reduce the economic hardship that might otherwise force individuals to end their participation in collective labor actions prematurely.
Strengthens bargaining power for unions and striking workers. by lessening the risk and potential financial penalty of striking, thereby potentially shifting employer-employee negotiations.
May influence employer behavior by increasing the cost of hiring permanent replacements. If employers replace striking workers and do not allow them to return, they could face penalties and additional unemployment insurance costs, discouraging such practices.
Could impact the state’s unemployment insurance fund and employer contributions. , as more workers could become eligible for benefits sooner during labor disputes, possibly increasing short-term claims and administrative responsibilities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Shorten Strike Unemployment Wait
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
1 Multi-sponsor
History
- Substituted by S4573
- Rules report cal.645
- Reported
- Reported referred to rules
- Reported referred to ways and means
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Shorten Strike Unemployment Wait
Signed by Governor · Sponsor Timothy M. Kennedy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6592
2019-2020 Regular Sessions
IN ASSEMBLY
March 12, 2019
Introduced by M. of A. RYAN -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 592 of the labor law, subdivision 1 as amended by chapter 177 of the laws of 2010 and subdivision 3 as amended by chapter 415 of the laws of 1983, are amended to read as follows:
1. Industrial controversy. (a) The accumulation of benefit rights by a claimant shall be suspended during a period of [seven consecutive weeks] one week beginning with the day after such claimant lost his or her employment because of a strike or other industrial controversy except for lockouts, including concerted activity not authorized or sanctioned by the recognized or certified bargaining agent of the claimant, and other concerted activity conducted in violation of any existing collective bargaining agreement, in the establishment in which he or she was employed, except that benefit rights may be accumulated before the expiration of such [seven weeks] one week period beginning with the day after such strike or other industrial controversy was terminated.
(b) Benefits shall not be suspended under this section if:
(i) The employer hires a permanent replacement worker for the employee's position. A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike, in the event the strike terminates prior to the conclusion of the employee's eligibility for benefit rights under this chapter. In the event the employer does not permit such return after such certification, the employee shall be entitled to recover any benefits lost as a result of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09961-01-9
A. 6592 2
the [seven] one week suspension of benefits, and the department may impose a penalty upon the employer of up to seven hundred fifty dollars per employee per week of benefits lost. The penalty collected shall be paid into the unemployment insurance control fund established pursuant to section five hundred fifty-two-b of this article; or
(ii) The commissioner determines that the claimant:
(A) is not employed by an employer that is involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy; or
(B) is not in a bargaining unit involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy.
3. Terms of suspension. [No] The waiting period may be served during a suspension period.
The suspension of accumulation of benefit rights shall not be terminated by subsequent employment of the claimant irrespective of when the claim is filed except as provided in subdivision one and shall not be confined to a single benefit year.
A "week" as used in subdivision one of this section means any seven consecutive calendar days.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.