S T A T E   O F   N E W   Y O R K
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                                  5636

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 the calculation of  weekly
  unemployment  insurance  benefits  for workers who are partially unem-
  ployed; to amend the executive law, in  relation  to  unlawful  hiring
  discrimination  by  employers, employment agencies and licensing agen-
  cies based upon an individual's  unemployment  status;  to  amend  the
  labor  law, in relation to increasing unemployment insurance benefits;
  to amend chapter 831 of the laws of 1981 amending the labor law relat-
  ing to fees and expenses in  unemployment  insurance  proceedings,  in
  relation  to  the  effectiveness  thereof;  to amend the labor law, in
  relation to non-recoverable benefits; and to amend chapter 413 of  the
  laws  of  2003  amending the labor law relating to the self-employment
  assistance program and other matters, in relation to the effectiveness
  thereof; to amend the labor law, in relation  to  concurrent  payments
  prohibited; and to repeal certain provisions of the labor law relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 522 of the labor law, as amended by chapter 720  of
the laws of 1953, is amended to read as follows:
  S  522. Total unemployment AND PARTIAL UNEMPLOYMENT.  "Total unemploy-
ment" means the total lack of any employment [on  any  day]  DURING  ANY
WEEK.  "PARTIAL  UNEMPLOYMENT" MEANS ANY EMPLOYMENT DURING ANY WEEK THAT
IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE  COMPENSATION  PAID  IS
LESS THAN THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS THE CLAIMANT'S PARTIAL
BENEFIT CREDIT.  The term "employment" as used in this section means any
employment including that not defined in this title.
  S 2. Section 523 of the labor law is REPEALED and a new section 523 is
added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11284-01-3

              

S. 5636                             2

  S  523. EFFECTIVE WEEK. "EFFECTIVE WEEK" MEANS (A) A WEEK DURING WHICH
A CLAIMANT PERFORMS NO SERVICES FOR WHICH THE CLAIMANT IS  PAID  COMPEN-
SATION,  OR  (B)  A  WEEK DURING WHICH A CLAIMANT PERFORMS SERVICES ON A
PART-TIME BASIS FOR WHICH THE CLAIMANT IS PAID COMPENSATION THAT IS LESS
THAN  THE CLAIMANT'S WEEKLY BENEFIT RATE PLUS HIS OR HER PARTIAL BENEFIT
CREDIT.
  S 3. The labor law is amended by adding a new section 514-a to read as
follows:
  S 514-A. PARTIAL BENEFIT CREDIT. "PARTIAL BENEFIT CREDIT"  MEANS  THAT
PART  OF  THE COMPENSATION, IF ANY, PAID TO A CLAIMANT WITH RESPECT TO A
WEEK FOR WHICH BENEFITS ARE CLAIMED UNDER THE PROVISIONS OF THIS CHAPTER
WHICH IS NOT IN EXCESS OF FORTY PER CENTUM OF  THE  INDIVIDUAL'S  WEEKLY
BENEFIT  RATE,  OR SEVENTY-ONE DOLLARS AND FIFTY CENTS, WHICHEVER IS THE
GREATER. SUCH PARTIAL BENEFIT CREDIT, IF NOT A MULTIPLE OF  ONE  DOLLAR,
SHALL BE COMPUTED TO THE NEXT HIGHER MULTIPLE OF ONE DOLLAR.
  S  4.  Subdivision  4  of  section 527 of the labor law, as amended by
chapter 832 of the laws of 1968 and as renumbered by chapter 381 of  the
laws of 1984, is amended to read as follows:
  4.  General  condition.  A valid original claim may be filed only in a
week [in which the claimant has at least one effective day of  unemploy-
ment] THAT QUALIFIES AS AN EFFECTIVE WEEK OF UNEMPLOYMENT FOR THE CLAIM-
ANT.
  S  5.  Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 282 of the laws of 2002,  clause
(v)  as  added by chapter 106 of the laws of 2007, is amended to read as
follows:
  (2) Benefits payable to any claimant with respect  to  the  claimant's
then current benefit year shall be charged, when paid, to the account of
the  last  employer  prior to the filing of a valid original claim in an
amount equal to seven times the  claimant's  benefit  rate.  Thereafter,
such  charges  shall be made to the account of each employer in the base
period used to establish the valid original claim in the same proportion
that the remuneration paid by each employer to the claimant during  that
base  period  bears  to  the  remuneration  paid by all employers to the
claimant during that base period except as provided below:
  (i) In those instances where the claimant may not utilize  wages  paid
to  establish  entitlement  based  upon  subdivision ten of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,
or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not  be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
paid  as  otherwise  provided by this section. Under such circumstances,
benefits paid shall be charged to  the  general  account.  In  addition,
wages  paid  during the base period by such educational institutions, or
for services in such educational institutions for claimants employed  by
an  educational service agency shall not be considered base period wages
during periods that such wages may not be used to  gain  entitlement  to
benefits  pursuant  to subdivision ten of section five hundred ninety of
this article.
  (ii) In those instances where the claimant may not utilize wages  paid
to  establish  entitlement based upon subdivision eleven of section five
hundred ninety of this article and an  educational  institution  is  the
claimant's  last employer prior to the filing of the claim for benefits,

S. 5636                             3

or the claimant performed services in such  educational  institution  in
such  capacity  while employed by an educational service agency which is
the claimant's last employer prior to the filing of the claim for  bene-
fits,  such  employer  shall  not  be liable for benefit charges for the
first [twenty-eight effective days] SEVEN EFFECTIVE  WEEKS  of  benefits
paid  as  otherwise  provided by this section. Under such circumstances,
benefits paid will be charged to the general account. In addition, wages
paid during the base period by such  educational  institutions,  or  for
services  in  such educational institutions for claimants employed by an
educational service agency shall not be  considered  base  period  wages
during  periods  that  such wages may not be used to gain entitlement to
benefits pursuant to subdivision eleven of section five  hundred  ninety
of  this  article.  However, in those instances where a claimant was not
afforded an opportunity to perform services for the educational institu-
tion for the next academic year or term after reasonable  assurance  was
provided,  such employer shall be liable for benefit charges as provided
for in this paragraph for any retroactive payments made to the claimant.
  (iii) In those instances where the federal government  is  the  claim-
ant's  last  employer  prior to the filing of the claim for benefits and
such employer is not a base-period employer, payments equaling the first
[twenty-eight effective days]  SEVEN  EFFECTIVE  WEEKS  of  benefits  as
otherwise  prescribed  by  this  section shall be charged to the general
account. In those instances where the federal government is  the  claim-
ant's  last employer prior to the filing of the claim for benefits and a
base-period employer, such employer shall be liable for charges for  all
benefits paid on such claim in the same proportion that the remuneration
paid  by  such employer during the base period bears to the remuneration
paid by all employers during  the  base  period.  In  addition,  benefit
payment charges for the first [twenty-eight effective days] SEVEN EFFEC-
TIVE  WEEKS  of  benefits  other  than  those  chargeable to the federal
government as prescribed above shall be made to the general account.
  (iv) In those instances where a combined wage claim is filed  pursuant
to  interstate  reciprocal  agreements  and the claimant's last employer
prior to the filing of the claim is an out-of-state  employer  and  such
employer  is  not  a base-period employer, benefit payments equaling the
first [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits as
otherwise prescribed by this section shall be  charged  to  the  general
account.  In those instances where the out-of-state employer is the last
employer prior to the filing of the claim for benefits and a base-period
employer such employer shall be liable for charges for all benefits paid
on such claim in the same proportion that the remuneration paid by  such
employer  during  the  base period bears to the remuneration paid by all
employers during the base period. In addition, benefit  payment  charges
for  the [twenty-eight effective days] SEVEN EFFECTIVE WEEKS of benefits
other than those chargeable to the out-of-state employer  as  prescribed
above shall be made to the general account.
  (v)  In those instances where the last employer prior to the filing of
a valid original claim has  paid  total  remuneration  to  the  claimant
during  the  period  from the start of the base period used to establish
the benefit claim until the date of the claimant's filing of  the  valid
original  claim  in an amount less than or equal to six times the claim-
ant's benefit rate and the last employer has substantiated  such  amount
to  the  satisfaction of the commissioner within ten days of the commis-
sioner's original notice of potential charges to  such  last  employer's
account,  benefits  shall be charged as follows: benefits payable to the
claimant with respect to the claimant's then current benefit year  shall

S. 5636                             4

be charged, when paid, to the account of such last employer prior to the
filing  of a valid original claim in an amount equal to the lowest whole
number (one, two, three, four, five, or six) times the claimant's  bene-
fit  rate where the product of such lowest whole number times the claim-
ant's benefit rate is equal to or greater than such  total  remuneration
paid  by  such  last employer to the claimant.  Thereafter, such charges
shall be made to the account of each employer in the base period used to
establish the valid original claim  in  the  same  proportion  that  the
remuneration  paid  by  each  employer  to the claimant during that base
period bears to the remuneration paid by all employers to  the  claimant
during  that  base  period.  Notice  of  such recalculation of potential
charges shall be given to the last employer and  each  employer  of  the
claimant in the base period used to establish the valid original claim.
  S  6.  Subdivision  1  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
  1. Entitlement to benefits. A claimant shall be entitled to accumulate
effective [days] WEEKS for the purpose of benefit rights only if  he  OR
SHE  has  complied  with  the  provisions  of this article regarding the
filing of his OR HER claim, including the filing  of  a  valid  original
claim,  registered  as  totally OR PARTIALLY unemployed, reported his OR
HER subsequent employment and unemployment, and  reported  for  work  or
otherwise given notice of the continuance of his OR HER unemployment.
  S  7.  Subdivision  3  of  section 590 of the labor law, as amended by
chapter 645 of the laws of 1951, is amended to read as follows:
  3. Compensable periods. Benefits shall be paid for each  [accumulation
of] effective [days within a] week.
  S  8.  Subdivision  4  of  section 590 of the labor law, as amended by
chapter 457 of the laws of 1987, is amended to read as follows:
  4. Duration. Benefits shall not be paid for more than [one hundred and
four effective days] TWENTY-SIX EFFECTIVE WEEKS  in  any  benefit  year,
except  as  provided  in  section six hundred one and subdivision two of
section five hundred ninety-nine of this chapter.
  S 9. Subdivision 5 of section 590 of the  labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  A  claimant's  weekly  benefit amount shall be one twenty-sixth of the
remuneration paid during the highest calendar quarter of the base period
by employers, liable for contributions or payments in lieu  of  contrib-
utions  under  this  article. However, for claimants whose high calendar
quarter remuneration during the  base  period  is  three  thousand  five
hundred  seventy-five  dollars  or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar  quar-
ter of the base period by employers liable for contributions or payments
in  lieu  of  contributions  under  this  article.   ANY CLAIMANT WHO IS
PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL  BE  PAID,
WITH  RESPECT  TO  SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE  REMUNERATION,  IF  ANY,
PAID  OR  PAYABLE  TO  HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT  CREDIT.  Any
claimant whose high calendar quarter remuneration during the base period
is  more than three thousand five hundred seventy-five dollars shall not
have a weekly benefit amount less than one hundred forty-three  dollars.
The  weekly  benefit  amount, so computed, that is not a multiple of one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight  the  weekly  benefit
amount  shall  not  exceed  three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September,  two  thousand,

S. 5636                             5

at  which  time the maximum benefit payable pursuant to this subdivision
shall equal one-half of  the  state  average  weekly  wage  for  covered
employment  as  calculated  by the department no sooner than July first,
two  thousand and no later than August first, two thousand, rounded down
to the lowest dollar.
  S 9-a. Paragraph (a) of subdivision 5 of section 590 of the labor law,
as amended by section 8 of part O of chapter 57 of the laws of 2013,  is
amended to read as follows:
  (a)  A  claimant's  weekly benefit amount shall be one twenty-sixth of
the remuneration paid during the highest calendar quarter  of  the  base
period  by  employers,  liable  for contributions or payments in lieu of
contributions under this article, provided the claimant has remuneration
paid in all four calendar quarters during his  or  her  base  period  or
alternate  base  period.  However, for any claimant who has remuneration
paid in all four calendar quarters during his  or  her  base  period  or
alternate  base  period  and  whose  high  calendar quarter remuneration
during the base period  is  three  thousand  five  hundred  seventy-five
dollars  or  less,  the  benefit amount shall be one twenty-fifth of the
remuneration paid during the highest calendar quarter of the base period
by employers liable for contributions or payments in  lieu  of  contrib-
utions  under  this  article.  A  claimant's weekly benefit shall be one
twenty-sixth of the average remuneration paid in the two  highest  quar-
ters  paid  during the base period or alternate base period by employers
liable for contributions or payments in lieu of contributions under this
article when the claimant has remuneration paid in two or three calendar
quarters provided however, that a claimant whose high  calendar  quarter
is  four  thousand  dollars or less but greater than three thousand five
hundred seventy-five dollars shall have a weekly benefit amount  of  one
twenty-sixth  of  such  high calendar quarter. However, for any claimant
who has remuneration paid in two or three calendar quarters  during  his
or  her  base  period  or  alternate base period and whose high calendar
quarter remuneration during the  base  period  is  three  thousand  five
hundred  seventy-five  dollars  or less, the benefit amount shall be one
twenty-fifth of the remuneration paid during the highest calendar  quar-
ter of the base period by employers liable for contributions or payments
in  lieu  of  contributions  under  this  article.   ANY CLAIMANT WHO IS
PARTIALLY UNEMPLOYED WITH RESPECT TO ANY EFFECTIVE WEEK SHALL  BE  PAID,
WITH  RESPECT  TO  SUCH EFFECTIVE WEEK, A BENEFIT AMOUNT EQUAL TO HIS OR
HER WEEKLY BENEFIT AMOUNT LESS THE TOTAL OF THE  REMUNERATION,  IF  ANY,
PAID  OR  PAYABLE  TO  HIM OR HER WITH RESPECT TO SUCH WEEK FOR SERVICES
PERFORMED WHICH IS IN EXCESS OF HIS OR HER PARTIAL BENEFIT  CREDIT.  Any
claimant whose high calendar quarter remuneration during the base period
is  more than three thousand five hundred seventy-five dollars shall not
have a weekly benefit amount less than one hundred forty-three  dollars.
The  weekly  benefit  amount, so computed, that is not a multiple of one
dollar shall be lowered to the next multiple of one dollar. On the first
Monday of September, nineteen hundred ninety-eight  the  weekly  benefit
amount  shall  not  exceed  three hundred sixty-five dollars nor be less
than forty dollars, until the first Monday of September,  two  thousand,
at  which  time the maximum benefit payable pursuant to this subdivision
shall equal one-half of  the  state  average  weekly  wage  for  covered
employment  as  calculated  by the department no sooner than July first,
two thousand and no later than August first, two thousand, rounded  down
to  the  lowest  dollar.  On  and after the first Monday of October, two
thousand fourteen, the weekly benefit shall not be less than one hundred
dollars, nor shall it exceed four hundred twenty dollars until the first

S. 5636                             6

Monday of October, two thousand fifteen when the maximum benefit  amount
shall  be  four  hundred  twenty-five dollars, until the first Monday of
October, two thousand sixteen when the maximum benefit amount  shall  be
four  hundred  thirty  dollars,  until  the first Monday of October, two
thousand seventeen when the maximum benefit amount shall be four hundred
thirty-five dollars, until the first Monday  of  October,  two  thousand
eighteen  when  the  maximum  benefit amount shall be four hundred fifty
dollars, until the first Monday of October, two thousand  nineteen  when
the  maximum  benefit  amount shall be thirty-six percent of the average
weekly wage until the first Monday of October, two thousand twenty  when
the  maximum benefit amount shall be thirty-eight percent of the average
weekly wage, until the first Monday of October two  thousand  twenty-one
when  the  maximum  benefit amount shall be forty percent of the average
weekly wage, until the first Monday of October, two thousand  twenty-two
when  the maximum benefit amount shall be forty-two percent of the aver-
age weekly wage, until the first Monday of October, two  thousand  twen-
ty-three  when the maximum benefit amount shall be forty-four percent of
the average weekly wage, until the first Monday of October, two thousand
twenty-four when the maximum benefit amount shall be  forty-six  percent
of the average weekly wage, until the first Monday of October, two thou-
sand  twenty-five  when  the maximum benefit amount shall be forty-eight
percent of the average weekly wage, until the first Monday  of  October,
two  thousand twenty-six and each year thereafter on the first Monday of
October when the maximum benefit amount shall be fifty  percent  of  the
average  weekly wage provided, however, that in no event shall the maxi-
mum benefit amount be reduced from the previous year.
  S 10. Subdivision 6 of section 590 of the labor law, as added by chap-
ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
of 1977, is amended to read as follows:
  6. Notification requirement. No effective [day] WEEK shall be  counted
for  any purposes except effective [days] WEEKS as to which notification
has been given in a manner prescribed by the commissioner.
  S 11. Subdivision 7 of section 590 of the labor  law,  as  amended  by
chapter 415 of the laws of 1983, is amended to read as follows:
  7.  Waiting  period.  A  claimant  shall not be entitled to accumulate
effective [days] WEEKS for the purpose of benefit payments until  he  OR
SHE  has  accumulated  a  waiting  period of [four effective days either
wholly within the week in which he established his valid original  claim
or  partly within such week and partly within his benefit year initiated
by such claim] ONE EFFECTIVE WEEK.
  S 12. Subdivision 1 of section 591 of the labor  law,  as  amended  by
chapter 413 of the laws of 2003, is amended to read as follows:
  1.  Unemployment. Benefits, except as provided in section five hundred
ninety-one-a of this title, shall be paid only  to  a  claimant  who  is
totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he  OR  SHE  is
reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such claimant's service on a grand or petit jury of any state or of  the
United States.
  S  13.  Subdivision  1  of section 591 of the labor law, as amended by
chapter 446 of the laws of 1981, is amended to read as follows:
  1. Unemployment. Benefits shall be paid only  to  a  claimant  who  is
totally  unemployed  OR PARTIALLY UNEMPLOYED and who is unable to engage
in his OR HER usual employment or in any other for which he  OR  SHE  is

S. 5636                             7

reasonably  fitted by training and experience. A claimant who is receiv-
ing benefits under this article shall not be denied such benefits pursu-
ant to this subdivision or to subdivision two of this section because of
such  claimant's service on a grand or petit jury of any state or of the
United States.
  S 14. Subparagraph (i) of paragraph (b) of subdivision  2  of  section
591-a of the labor law, as amended by section 14 of part O of chapter 57
of the laws of 2013, is amended to read as follows:
  (i)  requirements relating to total unemployment AND PARTIAL UNEMPLOY-
MENT, as defined in section five hundred  twenty-two  of  this  article,
availability  for  work and search for work, as set forth in subdivision
two of section five hundred ninety-one of  this  title  and  refusal  to
accept  work,  as  set  forth in subdivision two of section five hundred
ninety-three of this title, are not applicable to such individuals;
  S 15. Subdivision 2 of section 592 of the labor  law,  as  amended  by
chapter 415 of the laws of 1983, is amended to read as follows:
  2.  Concurrent payments prohibited. No [days] WEEKS of total unemploy-
ment OR PARTIAL UNEMPLOYMENT shall be deemed to occur in any  week  with
respect  to  which  [or  a  part of which] a claimant has received or is
seeking unemployment benefits under an unemployment compensation law  of
any  other  state  or of the United States, provided that this provision
shall not apply if the appropriate agency of such other state or of  the
United  States finally determines that he OR SHE is not entitled to such
unemployment benefits.
  S 16. Paragraph (a) of subdivision 1 of section 593 of the labor  law,
as amended by section 15 of part O of chapter 57 of the laws of 2013, is
amended to read as follows:
  (a)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur after a claimant's voluntary separation without
good cause from employment until he or she has  subsequently  worked  in
employment  and  earned  remuneration at least equal to ten times his or
her weekly benefit rate. In addition to other circumstances that may  be
found  to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of  this  subdivision,  voluntary  separation
from  employment  shall  not  in itself disqualify a claimant if circum-
stances have developed in the course of such employment that would  have
justified the claimant in refusing such employment in the first instance
under  the  terms of subdivision two of this section or if the claimant,
pursuant to an option provided under a collective  bargaining  agreement
or  written  employer  plan  which permits waiver of his or her right to
retain the employment when there is a temporary layoff because  of  lack
of  work,  has  elected  to  be separated for a temporary period and the
employer has consented thereto.
  S 17. 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
section 15 of part O of chapter 57 of the laws of 2013, 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] WEEKS  of  total  unemployment  OR
PARTIAL  UNEMPLOYMENT  shall  be deemed to occur beginning with the [day
on] WEEK IN which a claimant, without good cause, refuses to  accept  an
offer of employment for which he or she is reasonably fitted by training
and  experience, including employment not subject to this article, until
he or she has subsequently worked in employment and earned  remuneration
at  least equal to ten times his or her weekly benefit rate. Except that

S. 5636                             8

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 ten 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
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  with-
out  good  cause nor shall it disqualify any claimant otherwise eligible
to receive benefits if:
  (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;
  (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 OR HER
residence, or travel to  and  from  the  place  of  employment  involves
expense  substantially  greater  than that required in his OR HER former
employment unless the expense be provided for; or
  (d) the wages or compensation  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 claimant is seeking part-time work as provided in subdivision
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 18. Subdivision 3 of section 593 of the labor  law,  as  amended  by
section  15  of  part O of chapter 57 of the laws of 2013, is amended to
read as follows:
  3. Misconduct. No [days] WEEKS of total unemployment OR PARTIAL  UNEM-
PLOYMENT  shall  be  deemed  to  occur  after a claimant lost employment
through misconduct in connection with his or her employment until he  or
she  has  subsequently  worked  in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.
  S 19. Subdivision 4 of section 593 of the labor  law,  as  amended  by
chapter 589 of the laws of 1998, is amended to read as follows:
  4.  Criminal  acts.  No  [days] WEEKS of total unemployment OR PARTIAL
UNEMPLOYMENT shall be deemed to occur during a period of  twelve  months
after  a  claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act.  Determinations regarding a benefit claim may  be
reviewed at any time.  Any benefits paid to a claimant prior to a deter-
mination  that  the claimant has lost employment as a result of such act
shall not be considered to have been accepted by the  claimant  in  good
faith.    In addition, remuneration paid to the claimant by the affected
employer prior to the claimant's loss of employment due to such criminal
act may not be utilized for the purpose of establishing entitlement to a
subsequent, valid original claim.   The provisions of  this  subdivision
shall  apply even if the employment lost as a  result of such act is not
the claimant's last employment prior to the filing of his or her claim.
  S 20. Section 594 of the labor law, as amended by section 16 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:

S. 5636                             9

  S 594. Reduction and recovery of benefits  and  penalties  for  wilful
false  statement. (1) A claimant who has wilfully made a false statement
or representation to obtain any benefit under  the  provisions  of  this
article shall forfeit benefits for at least the first [four] ONE but not
more  than  the  first  [eighty] TWENTY effective [days] WEEKS following
discovery of such offense for which he or she otherwise would have  been
entitled  to  receive  benefits. Such penalty shall apply only once with
respect to each such offense.
  (2) For the purpose of subdivision four of section five hundred ninety
of this [article] TITLE, the claimant shall be deemed to  have  received
benefits for such forfeited effective [days] WEEKS.
  (3)  The  penalty  provided in this section shall not be confined to a
single benefit year but shall no longer apply in whole or in part  after
the  expiration  of  two years from the date of the final determination.
Such two-year period shall be tolled during the time period  a  claimant
has an appeal pending.
  (4)  A claimant shall refund all moneys received because of such false
statement or representation and pay a civil penalty in an  amount  equal
to  the  greater  of one hundred dollars or fifteen percent of the total
overpaid benefits determined pursuant to  this  section.  The  penalties
collected  hereunder  shall  be  deposited  in  the  fund. The penalties
assessed under this subdivision shall apply  and  be  assessed  for  any
benefits  paid  under  federal  unemployment  and  extended unemployment
programs administered by the department in the same manner  as  provided
in  this  article. The penalties in this section shall be in addition to
any penalties imposed under this chapter or any state or federal  crimi-
nal  statute. No penalties or interest assessed pursuant to this section
may be deducted or withheld from benefits.
  (5) (a) Upon a determination based upon a willful false  statement  or
representation  becoming  final  through  exhaustion of appeal rights or
failure to exhaust hearing rights,  the  commissioner  may  recover  the
amount  found  to be due by commencing a civil action, or by filing with
the county clerk of the county where  the  claimant  resides  the  final
determination  of  the commissioner or the final decision by an adminis-
trative law judge, the appeal board, or a court  containing  the  amount
found  to  be due including interest and civil penalty. The commissioner
may only make such a filing with the county clerk when:
  (i) The claimant has responded to requests for information prior to  a
determination and such requests for information notified the claimant of
his  or  her  rights  to  a fair hearing as well as the potential conse-
quences of an investigation and final determination under  this  section
including  the notice required by subparagraph (iii) of paragraph (b) of
this subdivision. Additionally if the claimant requested a fair  hearing
or  appeal  subsequent to a determination, that the claimant was present
either in person or through electronic means at such hearing, or  subse-
quent appeal from which a final determination was rendered;
  (ii) The commissioner has made efforts to collect on such final deter-
mination; and
  (iii) The commissioner has sent a notice, in accordance with paragraph
(b) of this subdivision, of intent to docket such final determination by
first  class or certified mail, return receipt requested, ten days prior
to the docketing of such determination.
  (b) The notice required in subparagraph (iii) of paragraph (a) of this
subdivision shall include the following:
  (i) That the commissioner intends  to  docket  a  final  determination
against such claimant as a judgment;

S. 5636                            10

  (ii) The total amount to be docketed; and
  (iii)  Conspicuous  language  that  reads as follows: "Once entered, a
judgment is good and can be used against you for twenty years, and  your
money,  including a portion of your paycheck and/or bank account, may be
taken. Also, a judgment will hurt your credit score and can affect  your
ability to rent a home, find a job, or take out a loan."
  S  21.  Subdivision  1  of section 596 of the labor law, as amended by
chapter 204 of the laws of 1982, is amended to read as follows:
  1. Claim filing and certification to unemployment.  A  claimant  shall
file  a  claim for benefits at the local state employment office serving
the area in which he OR SHE was last employed or  in  which  he  OR  SHE
resides  within  such  time and in such manner as the commissioner shall
prescribe. He OR SHE shall disclose whether he OR SHE owes child support
obligations, as hereafter defined. If a claimant making such  disclosure
is  eligible  for  benefits,  the commissioner shall notify the state or
local child support enforcement agency, as hereafter defined,  that  the
claimant is eligible.
  A  claimant  shall correctly report any [days] WEEKS of employment and
any compensation he OR  SHE  received  for  such  employment,  including
employments  not subject to this article, and the [days on] WEEKS DURING
which he OR SHE was totally unemployed OR PARTIALLY UNEMPLOYED and shall
make such reports in accordance with such regulations as the commission-
er shall prescribe.
  S 22. Subdivision 4 of section 596 of the labor law, as added by chap-
ter 705 of the laws of 1944 and as renumbered by section 148-a of part B
of chapter 436 of the laws of 1997, is amended to read as follows:
  4. Registration and reporting for work. A claimant shall  register  as
totally  unemployed  OR PARTIALLY UNEMPLOYED at a local state employment
office serving the area in which he OR SHE was last employed or in which
he OR SHE resides in accordance with such regulations as the commission-
er shall prescribe. After so registering, such claimant shall report for
work at the same local state employment office or otherwise give  notice
of  the  continuance  of  his  OR  HER unemployment as often and in such
manner as the commissioner shall prescribe.
  S 23. intentionally omitted.
  S 24.  Intentionally omitted.
  S 25.  The opening paragraph and paragraph (e)  of  subdivision  2  of
section  601  of  the labor law, as amended by chapter 35 of the laws of
2009, is amended to read as follows:
  Eligibility conditions. Extended benefits shall be payable to a claim-
ant for effective [days] WEEKS occurring [in any week] within an  eligi-
bility period, provided the claimant
  (e)  is  not  claiming  benefits pursuant to an interstate claim filed
under the interstate benefit payment plan in a state where  an  extended
benefit  period  is  not in effect, except that this condition shall not
apply with respect to the first [eight] TWO effective [days]  WEEKS  for
which extended benefits shall otherwise be payable pursuant to an inter-
state claim filed under the interstate benefit payment plan; and
  S  26.    Subdivision 3 of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
  3. Extended benefit amounts;  rate  and  duration.  Extended  benefits
shall be paid to a claimant
  (a) at a rate equal to his or her rate for regular benefits during his
or her applicable benefit year but
  (b) for not more than [fifty-two] THIRTEEN effective [days] WEEKS with
respect  to  his  or  her  applicable benefit year, with a total maximum

S. 5636                            11

amount equal to fifty percentum of the total maximum amount  of  regular
benefits payable in such benefit year, and
  (c) if a claimant's benefit year ends within an extended benefit peri-
od,  the remaining balance of extended benefits to which he or she would
be entitled, if any, shall be reduced by the number of effective  [days]
WEEKS  for  which  he  or she was entitled to receive trade readjustment
allowances under the federal trade act of nineteen hundred  seventy-four
during such benefit year, and
  (d)  for  periods of high unemployment for not more than eighty effec-
tive days with respect to the applicable benefit year with a total maxi-
mum amount equal to eighty percent of the total maximum amount of  regu-
lar benefits payable in such benefit year.
  S  27.  Subdivision  4  of section 601 of the labor law, as amended by
chapter 35 of the laws of 2009, is amended to read as follows:
  4. Charging of extended benefits. The provisions of paragraph  (e)  of
subdivision one of section five hundred eighty-one of this article shall
apply  to  benefits paid pursuant to the provisions of this section, and
if they were paid for effective [days occurring in] weeks following  the
end  of  a  benefit year, they shall be deemed paid with respect to that
benefit year. However, except for governmental entities  as  defined  in
section  five hundred sixty-five and Indian tribes as defined in section
five hundred sixty-six of this article, only one-half of the  amount  of
such  benefits shall be debited to the employers' account; the remainder
thereof shall be debited to the general account, and such account  shall
be credited with the amount of payments received in the fund pursuant to
the  provisions  of the federal-state extended unemployment compensation
act. Notwithstanding the foregoing,  where  the  state  has  entered  an
extended  benefit period triggered pursuant to subparagraph one of para-
graph (a) of subdivision one of  this  section  for  which  federal  law
provides  for  one hundred percent federal sharing of the costs of bene-
fits, all charges shall be debited  to  the  general  account  and  such
account  shall  be  credited with the amount of payments received in the
fund pursuant to the provisions of the federal-state extended  unemploy-
ment  compensation  act  or  other federal law providing for one hundred
percent federal sharing for the cost of such benefits.
  S 28. Paragraph (b) of subdivision 5 of section 601 of the labor  law,
as  amended  by  chapter  35  of the laws of 2009, is amended to read as
follows:
  (b) No [days] WEEKS of  total  unemployment  OR  PARTIAL  UNEMPLOYMENT
shall  be  deemed  to  occur  [in any week] within an eligibility period
during which a claimant fails to accept any offer of  suitable  work  or
fails  to apply for suitable work to which he or she was referred by the
commissioner, who shall make such referral if such work is available, or
during which he or she fails to  engage  actively  in  seeking  work  by
making  a  systematic  and sustained effort to obtain work and providing
tangible evidence of such effort, and until he  or  she  has  worked  in
employment during at least four subsequent weeks and earned remuneration
of at least four times his or her benefit rate.
  S  29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
as amended by chapter 35 of the laws of 2009,  is  amended  to  read  as
follows:
  (e)  No  [days]  WEEKS  of  total unemployment OR PARTIAL UNEMPLOYMENT
shall be deemed to occur [in any  week]  within  an  eligibility  period
under  section  five hundred ninety-three of this [article] TITLE, until
he or she has subsequently worked in employment in accordance  with  the

S. 5636                            12

requirements  set  forth  in  section  five hundred ninety-three of this
[article] TITLE.
  S 30. Section 603 of the labor law, as amended by section 21 of part O
of chapter 57 of the laws of 2013, is amended to read as follows:
  S  603.  Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment [on any day] DURING ANY WEEK
AND "PARTIAL UNEMPLOYMENT" SHALL MEAN ANY  EMPLOYMENT  DURING  ANY  WEEK
THAT  IS LESS THAN FULL-TIME EMPLOYMENT SO LONG AS THE COMPENSATION PAID
IS LESS THAN THE CLAIMANT'S WEEKLY  BENEFIT  RATE  PLUS  THE  CLAIMANT'S
PARTIAL  BENEFIT  CREDIT,  other  than  with  an employer applying for a
shared work program. "Work force" shall mean the  total  work  force,  a
clearly  identifiable  unit  or  units thereof, or a particular shift or
shifts. The work force subject to reduction shall  consist  of  no  less
than two employees.
  S  31.  The  executive law is amended by adding a new section 296-c to
read as follows:
  S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE  PURPOSES  OF  THIS
SECTION,  THE  TERM  "UNEMPLOYMENT  STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST  RECENT  FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
  2.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN  INDIVIDUAL'S  UNEMPLOYMENT  STATUS,  TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  3.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL  BECAUSE  OF
UNEMPLOYMENT  STATUS  IN  RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING  AN  APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
  4.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE  TO  BE  PRINTED  OR
CIRCULATED  ANY  STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN  CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION,  SPECIFICATION  OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION,  SPECIFICATION  OR  DISCRIMI-
NATION,  UNLESS  BASED  UPON  A  BONA  FIDE  OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION  OF  THIS
CHAPTER  OR  OTHER  LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM  APPLICANTS  FOR  CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN  SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST  POSSIBLE  AND  EQUAL  OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
  5.  ANY  EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN  AN  AMOUNT  NOT  TO
EXCEED  FIVE  THOUSAND  DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  S 32. Paragraph (c) of subdivision 1 of section 593 of the labor  law,
as  amended  by  chapter  35  of the laws of 2009, is amended to read as
follows:

S. 5636                            13

  [(c) A disqualification as provided in  this  subdivision  shall  also
apply  after  a  claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.]
  S  33. Paragraph (d) of subdivision 11 of section 590 of the labor law
is relettered paragraph (e) and a new paragraph (d) is added to read  as
follows:
  (D)  IN  THE  CASE  OF  A  CLAIMANT  WHO WAS EMPLOYED IN OTHER THAN AN
INSTRUCTIONAL, RESEARCH  OR  PRINCIPAL  ADMINISTRATIVE  CAPACITY  BY  AN
EDUCATIONAL INSTITUTION, OR PERFORMED SERVICES IN SUCH AN INSTITUTION IN
SUCH  CAPACITY  WHILE  EMPLOYED  BY  AN EDUCATIONAL SERVICE AGENCY, SUCH
CLAIMANT IS PRESUMED NOT TO HAVE REASONABLE  ASSURANCE  UNDER  AN  OFFER
THAT  IS  CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT
IS THE COLLEGE'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO  OVERCOME
THIS  PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON A CASE-BY-
CASE BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE  OF
ANY ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF
AN OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL  SHALL  NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
  S 34. Subdivision 10 of section 590 of the labor  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D)  IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH AMERI-
CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
IN A PRINCIPAL, ADMINISTRATIVE, RESEARCH  OR  INSTRUCTIONAL  CAPACITY  A
PERSON  IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER THAT
IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
EMPLOYER'S BURDEN TO PROVIDE SUFFICIENT DOCUMENTATION TO  OVERCOME  THIS
PRESUMPTION.  REASONABLE  ASSURANCE MUST BE DETERMINED ON A CASE-BY-CASE
BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE  OF  ANY
ONE  FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF AN
OFFER OF EMPLOYMENT BASED ON ENROLLMENT, FUNDING  AND  PROGRAM  CHANGES.
PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
TIONAL  SHALL  NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE TO BE
USED TO DENY A CLAIM FOR UNEMPLOYMENT.
  S 35. Section 599 of the labor law, as amended by chapter 593  of  the
laws of 1991, is amended to read as follows:
  S  599.   Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article,  a  claimant  shall
not  become  ineligible  for  benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing  and  prospec-
tive  conditions  of  the labor market in the state, taking into account
present and anticipated supply and demand regarding  the  occupation  or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION  OF  POTENTIAL ELIGIBILITY FOR BENEFITS UNDER THIS ARTICLE
SHALL BE ISSUED TO AN UNEMPLOYED INDIVIDUAL IF  THE  COMMISSIONER  FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE  STATE  DIVISION  OF VETERANS' AFFAIRS, THE DEPARTMENT, THE NEW YORK
STATE DEPARTMENTS OF EDUCATION, CORRECTIONAL SERVICES,  HEALTH,  OR  THE
OFFICE  OF  MENTAL  HEALTH, THE EMPIRE STATE DEVELOPMENT CORPORATION, OR
THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL OPPORTUNITY CENTER.  Howev-
er,  in  no  event  shall the commissioner approve [such] training for a

S. 5636                            14

claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR STATE OR  QUASI-STATE
ENTITY LISTED ABOVE unless:
  (a)  (1)  the  training  will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; ENABLE THE CLAIMANT TO OBTAIN EMPLOYMENT THAT  ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
  (2)  employment  opportunities for the claimant are or may be substan-
tially impaired because of:
  (i) existing or prospective conditions of  the  labor  market  in  the
locality  or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or
  (ii) technological change, plant closing or plant removal,  discontin-
uance of specific plant operations, or similar reasons; or
  (iii)  limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or
  (iv) the claimant's personal traits such as physical or  mental  hand-
icap; and
  (b)  the  training,  INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING  CAREER-RELATED  TRAINING,
relates  to  an occupation or skill for which there are, or are expected
to be in the immediate future, reasonable  employment  opportunities  in
the state; and
  (c)  the  training  is  offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and
  (d) the claimant has the  required  qualifications  and  aptitudes  to
complete the training successfully.
  2. (a) Notwithstanding any other provision of this chapter, a claimant
attending  an approved training course or program under this section may
receive additional benefits of  up  to  [one  hundred  four]  TWENTY-SIX
effective  [days]  WEEKS  following  exhaustion  of  regular  and, if in
effect, any other extended benefits, provided that entitlement to a  new
benefit  claim  cannot be established. Certification of continued satis-
factory participation and progress in such training  course  or  program
must  be  submitted to the commissioner prior to the payment of any such
benefits. [The duration of such additional benefits  shall  in  no  case
exceed  twice  the number of effective days of regular benefits to which
the claimant is entitled at the time the claimant  is  accepted  in,  or
demonstrates application for appropriate training.] ANY UNEMPLOYED INDI-
VIDUAL  RECEIVING  UNEMPLOYMENT  INSURANCE  BENEFITS  PAYABLE UNDER THIS
SUBDIVISION, WHO NOTIFIES THE DEPARTMENT WITH THE INTENT TO SEEK  TRAIN-
ING OPPORTUNITIES UNDER THIS ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF
HIS  OR  HER RECEIVING BENEFITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS
UNDER THIS ARTICLE, IS ENTITLED TO A  TRAINING  EXTENSION  OF  THE  FULL
TWENTY-SIX  EFFECTIVE  WEEKS  ON  HIS  OR  HER UNEMPLOYMENT COMPENSATION
CLAIM, IF NECESSARY, TO COMPLETE APPROVED TRAINING.
  (b) No more than [twenty] FIFTY million dollars of benefits  per  year
shall  be  made available for payment to claimants participating in such
courses or programs.
  (c) Participation in such training course  or  program  shall  not  be
limited  to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant  otherwise
eligible to participate in training courses or programs pursuant to this
section.
  (d) The additional benefits paid to a claimant shall be charged to the
general account.

S. 5636                            15

  3. Notwithstanding any other provision of this article, a claimant who
is  in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he OR SHE is in such training or because he OR SHE left  employ-
ment  which  is  not  suitable  employment  to  enter such training. For
purposes hereof, "suitable employment" means  work  of  a  substantially
equal  or higher skill level than the claimant's past adversely affected
employment and for which  the  remuneration  is  not  less  than  eighty
percent of the claimant's average weekly wage.
  S  36.    Section  3  of chapter 831 of the laws of 1981, amending the
labor law relating  to  fees  and  expenses  in  unemployment  insurance
proceedings,  as  amended by chapter 331 of the laws of 2012, is amended
to read as follows:
  S 3. This act shall take effect January 1,  1982,  provided,  however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law  as  added by section one of this act shall remain in full force and
effect until December 31, [2014] 2016.
  S 37. Article 18 of the labor law is amended by adding a new title 7-B
to read as follows:
                                 TITLE 7-B
         UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE SURVIVORS

SECTION 615. DEFINITIONS.
        616. ELIGIBILITY  FOR  UNEMPLOYMENT   INSURANCE   FOR   DOMESTIC
               VIOLENCE SURVIVORS.
        617. TRAINING PROGRAM.
  S 615. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
  1. "DOMESTIC VIOLENCE" MEANS ABUSE COMMITTED AGAINST AN EMPLOYEE OR AN
EMPLOYEE'S DEPENDENT CHILD BY:
  (A) A CURRENT OR FORMER SPOUSE OF THE EMPLOYEE; OR
  (B)  A  PERSON  WITH  WHOM THE EMPLOYEE SHARES PARENTAGE OF A CHILD IN
COMMON; OR
  (C) A PERSON WHO IS COHABITATING WITH, OR HAS  COHABITATED  WITH,  THE
EMPLOYEE; OR
  (D) A PERSON WHO IS RELATED BY BLOOD OR MARRIAGE; OR
  (E)  A PERSON WITH WHOM THE EMPLOYEE HAS OR HAD A DATING OR ENGAGEMENT
RELATIONSHIP.
  2. "ABUSE" MEANS:
  (A) CAUSING, OR ATTEMPTING TO CAUSE, PHYSICAL HARM; OR
  (B) PLACING ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS PHYSICAL  HARM;
OR
  (C) CAUSING ANOTHER PERSON TO ENGAGE INVOLUNTARILY IN SEXUAL RELATIONS
BY FORCE, THREAT OR DURESS, OR THREATENING TO DO SO; OR
  (D)  ENGAGING  IN  MENTAL ABUSE, WHICH INCLUDES THREATS, INTIMIDATION,
STALKING AND ACTS DESIGNED TO INDUCE TERROR; OR
  (E) DEPRIVING ANOTHER PERSON OF MEDICAL CARE, HOUSING, FOOD  OR  OTHER
NECESSITIES OF LIFE; OR
  (F) RESTRAINING THE LIBERTY OF ANOTHER.
  S  616.  ELIGIBILITY  FOR UNEMPLOYMENT INSURANCE FOR DOMESTIC VIOLENCE
SURVIVORS. 1. A CLAIMANT SHALL NOT BE DISQUALIFIED FROM RECEIVING  UNEM-
PLOYMENT INSURANCE BENEFITS IF THE CLAIMANT ESTABLISHES TO THE SATISFAC-
TION  OF THE COMMISSIONER THAT THE REASON THE CLAIMANT LEFT WORK WAS DUE
TO DOMESTIC VIOLENCE, INCLUDING:
  (A) THE CLAIMANT'S REASONABLE FEAR OF FUTURE DOMESTIC VIOLENCE  AT  OR
EN ROUTE TO OR FROM THE CLAIMANT'S PLACE OF EMPLOYMENT.

S. 5636                            16

  (B)  THE  CLAIMANT'S  NEED  TO  RELOCATE TO ANOTHER GEOGRAPHIC AREA IN
ORDER TO AVOID FUTURE DOMESTIC VIOLENCE.
  (C)  THE  CLAIMANT'S  NEED  TO ADDRESS THE PHYSICAL, PSYCHOLOGICAL AND
LEGAL IMPACTS OF DOMESTIC VIOLENCE.
  (D) THE CLAIMANT'S NEED TO LEAVE EMPLOYMENT AS A CONDITION OF  RECEIV-
ING  SERVICES  OR SHELTER FROM AN AGENCY WHICH PROVIDES SUPPORT SERVICES
OR SHELTER TO VICTIMS OF DOMESTIC VIOLENCE.
  (E) ANY OTHER SITUATION IN WHICH DOMESTIC VIOLENCE CAUSES THE CLAIMANT
TO REASONABLY BELIEVE THAT TERMINATION OF EMPLOYMENT  IS  NECESSARY  FOR
THE FUTURE SAFETY OF THE CLAIMANT OR THE CLAIMANT'S FAMILY.
  2.  A  CLAIMANT  MAY DEMONSTRATE THE EXISTENCE OF DOMESTIC VIOLENCE BY
PROVIDING ONE OF THE FOLLOWING:
  (A) A RESTRAINING ORDER OR OTHER  DOCUMENTATION  OF  EQUITABLE  RELIEF
ISSUED BY A COURT OF COMPETENT JURISDICTION;
  (B) A POLICE RECORD DOCUMENTING THE ABUSE;
  (C)  DOCUMENTATION  THAT  THE ABUSER HAS BEEN CONVICTED OF ONE OR MORE
CRIMINAL OFFENSES ENUMERATED IN THE PENAL LAW AGAINST THE CLAIMANT;
  (D) MEDICAL DOCUMENTATION OF THE ABUSE;
  (E) A STATEMENT PROVIDED BY A COUNSELOR, SOCIAL WORKER, HEALTH WORKER,
MEMBER OF THE CLERGY, SHELTER WORKER, LEGAL ADVOCATE, OR  OTHER  PROFES-
SIONAL  WHO  HAS  ASSISTED THE CLAIMANT IN ADDRESSING THE EFFECTS OF THE
ABUSE ON THE CLAIMANT OR THE CLAIMANT'S FAMILY; OR
  (F) A SWORN STATEMENT FROM THE CLAIMANT ATTESTING TO THE ABUSE.
  3. NO EVIDENCE OF DOMESTIC VIOLENCE EXPERIENCED BY A CLAIMANT, INCLUD-
ING THE  CLAIMANT'S  STATEMENT  AND  CORROBORATING  EVIDENCE,  SHALL  BE
DISCLOSED  BY  THE  DEPARTMENT UNLESS CONSENT FOR DISCLOSURE IS GIVEN BY
THE CLAIMANT.
  4. FOR A CLAIMANT WHO LEFT WORK DUE TO DOMESTIC VIOLENCE, REQUIREMENTS
TO PURSUE SUITABLE WORK MUST REASONABLY ACCOMMODATE THE CLAIMANT'S  NEED
TO  ADDRESS  THE PHYSICAL, PSYCHOLOGICAL, LEGAL AND OTHER EFFECTS OF THE
DOMESTIC VIOLENCE.
  S 617. TRAINING PROGRAM. 1. THE COMMISSIONER SHALL IMPLEMENT A  TRAIN-
ING  CURRICULUM FOR EMPLOYEES OF THE DEPARTMENT WHO INTERACT WITH CLAIM-
ANTS APPLYING FOR UNEMPLOYMENT INSURANCE DUE TO THEIR DOMESTIC  VIOLENCE
STATUS.
  2.  ALL  SENIOR  MANAGEMENT PERSONNEL OF THE DEPARTMENT THAT SUPERVISE
THE TRAINING OF EMPLOYEES INVOLVED IN HANDLING UNEMPLOYMENT CLAIMS SHALL
BE TRAINED IN THIS CURRICULUM NOT LATER THAN SIXTY DAYS FROM THE  EFFEC-
TIVE  DATE OF THIS TITLE. THE COMMISSIONER SHALL DEVELOP AN ONGOING PLAN
FOR EMPLOYEES OF THE  DEPARTMENT  WHO  INTERACT  WITH  CLAIMANTS  TO  BE
TRAINED IN THE NATURE AND DYNAMICS OF DOMESTIC VIOLENCE, SO THAT EMPLOY-
MENT  SEPARATIONS  STEMMING FROM DOMESTIC VIOLENCE ARE RELIABLY SCREENED
AND ADJUDICATED, AND SO THAT VICTIMS OF DOMESTIC VIOLENCE  ARE  ABLE  TO
TAKE ADVANTAGE OF THE FULL RANGE OF JOB SERVICES PROVIDED BY THE DEPART-
MENT.
  S  38.  The  opening  paragraph of subdivision 1 of section 560 of the
labor law, as amended by chapter 103 of the laws of 1965, is amended  to
read as follows:
  Any  employer shall become liable for contributions under this article
if he has paid remuneration of [three hundred] ONE THOUSAND  dollars  or
more  in  any  calendar  quarter,  except that liability with respect to
persons employed in personal or domestic service in private homes  shall
be  considered  separately  and  an  employer  shall  become  liable for
contributions with respect to such persons only if he has paid  to  them
remuneration  in  cash  of  five hundred dollars or more in any calendar

S. 5636                            17

quarter.  Such liability for contributions shall commence on  the  first
day of such calendar quarter.
  S  39. Paragraph (c) of subdivision 1 of section 538 of the labor law,
as amended by chapter 831 of the laws of 1981, is  amended  to  read  as
follows:
  (c)  Claims  of representatives for services rendered to a claimant in
connection with any claim  arising  under  this  article  shall  not  be
enforceable  unless  approved  by the appeal board and shall in no event
exceed the benefit allowed, INCLUDING BENEFITS THAT ARE  NON-RECOVERABLE
PURSUANT  TO  SUBDIVISION  FOUR  OF SECTION FIVE HUNDRED NINETY-SEVEN OF
THIS ARTICLE, except as provided in paragraph (d) of  this  subdivision.
In  approving  any  fee  requested  by a representative pursuant to this
section, the appeal board shall consider the following factors:  (i) the
total benefit allowed; (ii) the time spent in providing  representation;
(iii)  the  legal and factual complexities involved; and (iv) such other
factors as the appeal board may deem relevant.
  S 40. Subdivision 4 of section 597 of the labor  law,  as  amended  by
chapter 61 of the laws of 1998, is amended to read as follows:
  4.  Effect  of review. Whenever a new determination in accordance with
[the preceding] subdivision THREE OF THIS SECTION or  a  decision  by  a
referee, the appeal board, or a court results in a decrease or denial of
benefits  previously allowed, such new determination or decision, unless
it shall be based upon a retroactive payment of remuneration, shall  not
affect  the  rights  to any benefits already paid under the authority of
the prior determination or decision provided they were accepted  by  the
claimant in good faith and the claimant did not make any false statement
or  representation  and  did  not wilfully conceal any pertinent fact in
connection with his or her claim for benefits.  NON-RECOVERABLE BENEFITS
PURSUANT TO THIS SECTION SHALL BE CONSIDERED TO HAVE BEEN ALLOWED  BENE-
FITS FOR PURPOSES OF SECTION FIVE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
  S 41. Section 10 of chapter 413 of the laws of 2003 amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters, as amended by section 2 of part Z of chapter 57 of the laws  of
2013, is amended to read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2015] 2017
when  upon  such  date  the  provisions of such sections shall be deemed
repealed.
  S 42. The opening paragraph of  paragraph  (a)  of  subdivision  6  of
section  511  of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
  The term "employment" [does not include]  INCLUDES agricultural  labor
[unless  it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
  S 43. Section 564 of the labor law, as added by  chapter  675  of  the
laws of 1977, is amended to read as follows:
  S  564.  Agricultural  labor CREW LEADERS.  [1. Coverage. (a) Notwith-
standing the provisions of section five hundred sixty of  this  article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
  (1)  has  paid cash remuneration of twenty thousand dollars or more in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or
  (2) has employed in agricultural labor ten or more persons on each  of
twenty  days during a calendar year or the preceding calendar year, each

S. 5636                            18

day being in a different calendar week, and the liability shall in  such
event commence on the first day of the calendar year, or
  (3)  is  liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration  for  agricultural  labor  in  this
state.
  (b)  An  employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day  of
a  calendar  quarter  next following the filing of a written application
provided the commissioner finds that the employer:
  (1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight  calendar
quarters preceding such day, and
  (2) has not employed in agricultural labor ten or more persons on each
of  twenty  days during the current or the preceding calendar year, each
day being in a different week, and
  (3) is not liable for the tax imposed under the  federal  unemployment
tax act as an employer of agricultural labor.
  2.  Crew  leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform  services
in  agricultural  labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the  employer  of  such
person, unless:
  [(a)]  1.  the  crew  leader holds a valid certificate of registration
under the federal farm labor contractor  registration  act  of  nineteen
hundred sixty-three or substantially all the members of the crew operate
or  maintain tractors, mechanized harvesting or cropdusting machinery or
any other mechanized equipment which is provided by the crew leader, and
  [(b)] 2. the crew leader is not an employee of such other employer and
has not entered into a written agreement with such employer under  which
he is designated as an employee.
  S  44.  Section 592 of the labor law, as amended by chapter 415 of the
laws of 1983, subdivision 1 as amended by chapter 177  of  the  laws  of
2010, is amended to read as follows:
  S  592.  [Suspension  of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant  shall
be  suspended  during a period of seven 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  bene-
fit  rights may be accumulated before the expiration of such seven weeks
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  employ-
ee'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 employ-
ee'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

S. 5636                            19

the seven 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.
  2.] Concurrent payments prohibited.  No  days  of  total  unemployment
shall  be deemed to occur in any week with respect to which or a part of
which a claimant has received or is seeking unemployment benefits  under
an  unemployment  compensation  law  of any other state or of the United
States, provided that this provision shall not apply if the  appropriate
agency  of  such  other state or of the United States finally determines
that he is not entitled to such unemployment benefits.
  [3. Terms of suspension. No waiting period  may  be  served  during  a
suspension period.
  The  suspension  of accumulation of benefit rights shall not be termi-
nated 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.]
  S  45. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 5 of section 590  of  the
labor law, as amended by section nine-a of this act shall take effect at
the  same  time and in the same manner as section 8 of part O of chapter
57 of the laws of 2013, takes effect; provided, further, that the amend-
ments to subdivision 1 of section 591 of the labor law made  by  section
twelve  of  this act shall be subject to the expiration and reversion of
such subdivision pursuant to section 10 of chapter 413 of  the  laws  of
2003, as amended, when upon such date the provisions of section thirteen
of  this  act  shall  take  effect; provided, further, however, that the
amendment to section 591-a of the labor law made by section fourteen  of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.