What's happening
This bill increases the unemployment benefits suspension period for striking workers from one week to two consecutive weeks.
Why it matters
Extends the financial pressure on striking workers. by doubling the period before they can collect unemployment benefits, potentially making it harder for workers to sustain longer strikes and affecting their bargaining power.
May shift the balance in labor disputes. by strengthening employers’ leverage, as striking workers will need to wait longer without income support, possibly leading to quicker settlements or discouraging strikes.
Retains exceptions for certain circumstances. , such as when an employer hires permanent replacements or if the employee was not directly involved in the dispute, but increases the period before these exceptions can apply.
Could have broader economic and social impacts. , including potential reductions in strike activity, changes in union strategies, and a possible chilling effect on collective action due to increased economic risk for workers.
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Who cares
Striking workers
The bill would extend the suspension of unemployment benefit rights from one week to two consecutive weeks and prohibit serving a waiting period during that suspension.
Unions and bargaining units
The longer suspension would apply to workers unemployed because of strikes or other industrial controversies, including unauthorized concerted activity, but would continue to exclude lockouts.
Employers hiring replacement workers
Employers that certify a striker can return but then refuse that return would face recovery of benefits lost during the two-week suspension and potential penalties of up to $750 per employee per week of benefits lost.
New York State Department of Labor
The department would administer the longer suspension while retaining exceptions for permanent replacements and qualifying workers not participating in the industrial controversy.
Headline styles
Delay Benefits for Striking Workers
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by S7310
- Rules report cal.10
- 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.
Delay Jobless Pay for Strikers
Signed by Governor · Sponsor Timothy M. Kennedy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9136
IN ASSEMBLY
January 22, 2020
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 increasing 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, as amended by a chapter of the laws of 2019 amending the labor law relating to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits, as proposed in legislative bills numbers S.4573 and A.6592, 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 [one week] two consecutive weeks 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 [one] two 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 the [one] two week suspension of benefits, and the department may impose
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14860-01-0
A. 9136 2
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. [The] No 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 on the same date and in the same manner as a chapter of the laws of 2019 amending the labor law relating to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits, as proposed in legislative bills numbers S.4573 and A.6592, takes effect.
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.