Relates to the refusal to work and the disqualification of benefits.
TITLE OF BILL: An act to amend the labor law, in relation to disqualification for benefits and refusal of employment
PURPOSE: This act would require a claimant of unemployment to accept any employment proffered that such claimant is capable of performing, provided that this employment would result in a wage not less than the wage such claimant received in his or her high calendar quarter of the base period.
SUMMARY OF PROVISIONS: Section one requires a claimant of unemployment to accept any employment proffered that such claimant is capable of performing, provided that this employment would result in a wage not less than the wage such claimant received in his or her high calendar quarter of the base period. Claimants are provided with the ability to refuse such employment with good cause if the hours or working conditions offered are substantively less favorable to the claimant than those prevailing for similar work in the locality, or are such that tend to depress working conditions.
EXISTING LAW: A claimant may turn down employment that is equal to or greater than eighty percent of the wage such claimant received in his or her high calendar' quarter of the base period if such wage is substantially less than the prevailing wage for similar work in the locality.
JUSTIFICATION: An employee that has been laid off currently can refuse to return to a job he/she previously held at the same wage he/she previously earned because he/she is being offered a wage less than the prevailing wage, The prevailing wage does not take into account experience, but solely the job description, creating a situation in which entry level employees can refuse to return to employment unless they are offered a wage more appropriate to someone with significant experience. This dynamic keeps workers from returning to the workforce, increasing the cost of unemployment insurance on businesses.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 357 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GALLIVAN -- 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 disqualification for bene- fits and refusal of employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1 Subdivision 2 of section 593 of the labor law, as amended by chapter 415 of the laws of 1983, the opening paragraph as amended by chapter 5 of the laws of 2000, paragraph (a) as added by chapter 589 of the laws of 1998 and paragraphs (d) and (e) as amended by chapter 35 of the laws of 2009, is amended to read as follows: 2. Refusal of employment. No days of total unemployment shall be deemed to occur beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he is reason- ably fitted by training and experience, including employment not subject to this article, until he has subsequently worked in employment and earned remuneration at least equal to five times his or her weekly bene- fit rate. Except that claimants who are not subject to a recall date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving thirteen weeks of benefits shall be required to accept any employment proffered that such claimants are capable of performing, provided that such employment would result in a wage not less than SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES RECEIVED IN THE BASE PERIOD; OR WOULD RESULT IN A WAGE GREATER THAN eighty percent of such claimant's high calendar quarter wages received in the base period and not substantially less than the prevailing wage for similar work in the locality as provided for in paragraph (d) of this subdivision. No refusal to accept employment shall be deemed without good cause nor shall it disqualify any claimant otherwise eligible to receive benefits if:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02125-01-3 S. 357 2
(a) a refusal to accept employment which would interfere with a claim- ant's right to join or retain membership in any labor organization or otherwise interfere with or violate the terms of a collective bargaining agreement shall be with good cause; OR (b) there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered; or (c) the employment is at an unreasonable distance from his residence, or travel to and from the place of employment involves expense substan- tially greater than that required in his former employment unless the expense be provided for; or (d) THE WAGES AND COMPENSATION ARE LESS THAN SUCH CLAIMANT'S HIGH CALENDAR QUARTER WAGES AND COMPENSATION RECEIVED, the wages or compen- sation
[or hours or conditions]offered are substantially less favorable to the claimant than those prevailing for similar work in the locality, or are such as tend to depress wages [or working conditions]; OR (E) THE HOURS OR CONDITIONS OFFERED ARE SUBSTANTIALLY LESS FAVORABLE TO THE CLAIMANT THAN THOSE PREVAILING FOR SIMILAR WORK IN THE LOCALITY, OR ARE SUCH AS TEND TO DEPRESS WORKING CONDITIONS; or [(e)](F) the claimant is seeking part-time work as provided in subdi- vision five of section five hundred ninety-six of this title and the offer of employment is not comparable to his or her part-time work as defined in such subdivision. S 2. This act shall take effect immediately.