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S7310Senate2019-2020 SessionSame asA9136

Delay Jobless Pay for Strikers

Official title

“Relates to increasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits”

Sponsor Timothy M. KennedySD-63Affects Finance
Status
Signed by Governor
Impact
5/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill increases the suspension period from one week to two weeks for striking workers seeking unemployment insurance benefits.

Why it matters

  1. Extends the financial hardship on striking workers. by doubling the time they must wait before accessing unemployment benefits, which could discourage strikes or make them riskier for workers.

  2. May shift bargaining power toward employers. in labor disputes, as striking workers face a longer period without income support, potentially weakening union leverage during negotiations.

  3. Preserves exceptions for workers replaced permanently or not directly involved in the dispute. , but increases the penalty timeframe and potential financial liability for employers who break these rules.

  4. Could have broader impacts on labor relations and strike activity. in New York, possibly reducing the frequency or duration of strikes by raising the economic stakes for participating workers.

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Who cares

Headline styles

Delay Jobless Pay for Strikers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

History

  1. Signed chap.20
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.10
  6. Substituted for A9136
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 42–16
  10. Ordered to third reading cal.202
  11. Referred to rules

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.

A9136Assembly

Delay Benefits for Striking Workers

Assembly Floor Calendar · Sponsor Sean Ryan

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7310

IN SENATE

January 17, 2020

Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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

S. 7310 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.

Sponsor's memo

Title of bill

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

Purpose

This is a Chapter Amendment that makes changes to provisions of a chap- ter of the laws of 2019, as proposed in legislative bills numbers S. 4573 and A. 6592.

Summary of provisions

This legislation amends the underlying chapter by ratifying changes made to the duration of the suspension period applicable to striking workers seeking unemployment insurance benefits.

Justification

While striking workers are permitted to receive unemployment insurance benefits, prior to the underlying chapter, striking workers had to wait until after the expiration of a 49-day suspension period. The underlying chapter sought to lessen the undue financial hardship on workers exer- cising their legally guaranteed rights to organize, bargain collective- ly, and strike and to align the amount of time that an unemployment insurance benefits claimaint must wait with the waiting period applica- ble to other claimaints. This chapter maintains this purpose but makes changes to the amount of time of the waiting period.

Legislative history

Chapter amendment to a chapter of the laws of 2019, as proposed in legislative bill numbers S. 4573 and A. 6592.

Fiscal implications

None.

Effective date

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 decreas- ing 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.

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