What's happening
This bill reduces the suspension period for striking workers to receive unemployment benefits from seven weeks to one week.
Why it matters
This bill significantly shortens the financial hardship faced by striking workers. , allowing them to access unemployment benefits after just one week instead of waiting seven weeks, which may strengthen the bargaining power of unions and individual workers during labor disputes.
Employers who hire permanent replacements during a strike could face financial penalties. , making it more costly for them to replace striking workers and potentially discouraging the practice of permanent replacements.
The bill clarifies exceptions for benefit eligibility. , ensuring that workers not involved in, or not participating in, the industrial controversy (such as those in different bargaining units or with different employers) are not unfairly penalized by a suspension in benefits.
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Headline styles
Shorten Strike Unemployment Wait
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.755
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.645
- Substituted for A6592
- Referred to labor
- Delivered to assembly
- Passed senateVote 48–14
- Advanced to third reading
- 2nd report cal.
- 1st report cal.447
Show 1 earlier action
- 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
Assembly Floor Calendar · Sponsor Sean Ryan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4573
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sen. KENNEDY -- 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 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
S. 4573 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.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to decreas- ing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits
Purpose or general idea of the bill
This bill reduces the amount of time that workers on strike must wait prior to receiving unemployment insurance benefits.
Summary of provisions
Section 1 of the the bill reduces, from seven consecutive weeks to one week, the period during which the accumulation of unemployment benefit rights is suspended for a claimant who loses their employment due to strike or other industrial controversy, 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 the claimant was employed. Section 1 also provides that the requisite waiting period may be served concurrently with the suspension period.
Section 2 sets the effective date.
Justification
Currently, in New York State, workers on strike are permitted to receive unemployment insurance (UI) benefits. To be eligible for such benefits, though, striking workers must wait until after the expiration of a 49-day suspension period. This suspension period is not imposed on other unemployed people seeking UI benefits.
Furthermore, all UI benefits claimants must serve an unpaid waiting period of one full week before benefits are paid; for workers on strike, this 1-week waiting period commences upon the expiration of the 49-day suspension period. Requiring workers on strike to wait seven weeks before they are eligible to claim UI benefits places an undue financial hardship on workers exercising their legally guaranteed rights to organ- ize, bargain collectively, and strike. By aligning the amount of time that a UI benefits claimant on strike must wait with the waiting period applicable to other claimants, the financial hardship experienced by striking workers will be lessened.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act takes effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.