Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to labor |
Jan 12, 2015 |
referred to labor |
Senate Bill S1321
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) 14th Senate District
2015-S1321 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§632 & 597, Lab L
- Versions Introduced in 2013-2014 Legislative Session:
-
S5995
2015-S1321 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1321 TITLE OF BILL: An act to amend the labor law, in relation to claims for unemployment benefits PURPOSE OR GENERAL IDEA OF BILL: To extend the time allowance, under certain circumstances, for appealing a benefits determination. JUSTIFICATION: This legislation is being proposed to assist employees who were denied unemployment benefits based on alleged wrongful termination. The bill extends from one year to 18 months the time in which a benefits claim may be reviewed. Further, the bill allows an employee up to three years to request a review of the original determination if the review is based on an employer's "willful misrepresentation or false statements." With respect to a benefits determination defined in the bill, an employer who willfully makes a false statement about an employee or intentionally misrepresents the facts is guilty of a misdemeanor. Under current law, only an employee is subject to this penalty. PRIOR LEGISLATIVE HISTORY: 2013-2014: S.5995 - Died in Rules. FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: Dependent on the
2015-S1321 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1321 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. MONTGOMERY -- 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 claims for unemployment benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 632 of the labor law is amended by adding a new subdivision 3 to read as follows: 3. EMPLOYER DOCUMENTATION. ANY EMPLOYER WHO WILFULLY MAKES A FALSE STATEMENT OR REPRESENTATION OR WHO FILES FALSE OR INACCURATE DOCUMENTA- TION WITH RESPECT TO A CLAIM MADE BY ANY PERSON SEEKING BENEFITS UNDER THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. S 2. Subdivision 3 of section 597 of the labor law, as amended by chapter 42 of the laws of 1961, is amended to read as follows: 3. Limitation on review of determinations. Any determination regarding a benefit claim may, in the absence of fraud or wilful misrepresen- tation, be reviewed only within [one year] EIGHTEEN MONTHS from the date it is issued because of new or corrected information, or, if the review is based thereon, within six months from a retroactive payment of remun- eration, provided that no decision on the merits of the case has been made upon hearing or appeal. WHERE A CLAIM FOR BENEFITS HAS BEEN DENIED A CLAIMANT MAY REQUEST A REVIEW BASED UPON WILFUL MISREPRESENTATION OR FALSE STATEMENTS OF THE EMPLOYER WITHIN THREE YEARS OF THE ORIGINAL DETERMINATION. Such review shall be conducted and a new determination issued in accordance with the provisions of this article and regulations and procedure prescribed thereunder with respect to the adjudication and payment of claims, including the right of appeal. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02997-01-5
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