What's happening
This bill requires employers to provide written notice about unemployment benefits eligibility to employees not scheduled for work for 14 days.
Why it matters
Helps prevent gaps in income. By requiring employers to notify employees who haven’t been scheduled for work for 14 days about their right to file for unemployment, the bill aims to ensure workers are aware of potential financial support and don’t miss out due to lack of information.
Targets vulnerable, unscheduled workers. The bill specifically addresses situations where employees aren’t formally terminated but simply aren’t given hours, a scenario common in industries with fluctuating schedules (e.g., retail, hospitality), where workers might otherwise be left in the dark about their eligibility.
Clarifies exceptions to notice. The bill carves out exceptions for employees who are on recognized types of leave (like vacation or bereavement), focusing the notice requirement on those who are truly at risk of sudden income loss rather than those temporarily away for approved reasons.
Encourages employer accountability. By mandating written notification, the bill increases employer responsibility to inform workers about benefits, potentially reducing confusion, disputes, and delays in accessing unemployment insurance.
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Who cares
Headline styles
Notify Workers of Jobless Benefits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8234
IN SENATE
April 27, 2020
Introduced by Sen. GOUNARDES -- 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 notice of eligibility for unemployment benefits
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 590 of the labor law is amended by adding a new subdivision 2 to read as follows:
2. Notice of eligibility. An employer shall be required to provide a written notice of the right to file for unemployment benefits to any employee who has not been scheduled or offered work hours in the past seven days and has not been scheduled or offered work hours for the next seven day period. Written notice will not be required if an employee is eligible for or has submitted a request for leave-of-absence, vacation leave, bereavement leave, parental leave, personal leave, or any other form of paid or unpaid leave established by the employer or documented in writing or submitted online.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16109-02-0
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 notice of eligibility for unemployment benefits
Purpose or general idea of bill
To require New York employers who have not scheduled an employee for seven days or more to notify that employee of their eligibility to file for unemployment insurance
Summary of provisions
Section 1 amends the labor law by adding a provision that any employer who has not offered an employee work hours in a 7 day period to notify that employee, in writing, that they are eligible to file an unemploy- ment claim.
Section 2 sets the effective date.
Justification
New York's economy and businesses have been ravaged due to the necessary closures related to the response to covid-19. Hundreds of thousands of New Yorkers have been laid off or had their hourly schedule dramatically reduced or indefinitely cut. Under existing law, any worker that has not worked in the past seven days, due to know fault of their own, is eligi- ble to file a claim for unemployment insurance. As businesses struggle to respond to this crisis, many are trying to avoid laying off employ- ees, but cannot schedule them for work, putting them on so-called "zero- hour" schedules. This bill would ensure that all employees are aware of their right to file for unemployment, and it would remedy a pervasive culture in which some employers challenge benefit claims, or deliberate- ly try to prevent workers from filing claims. The Department of Labor has issued guidance and public education materials encouraging workers to apply for unemployment, but for many workers, the guidance or advice they get from their employer or supervisor is all they will learn about their right to unemployment. This bill will ensure that both workers and management have clear information about who is legally entitled to accessing unemployment insurance.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act will take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.