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A10392 Summary:

Add 605-a, amd 604, Lab L
Allows employers to participate in the shared work program under the unemployment insurance law retroactively to the date of the COVID-19 declared emergency.
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A10392 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                       May 4, 2020
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Labor
        AN ACT to amend the labor law, in relation to the participation  in  the
          shared work program under the unemployment insurance law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  605-a  to
     2  read as follows:
     3    §  605-a.  Retroactive  eligibility  for  certain employers during the
     4  COVID-19 declared emergency. 1. Any employer who has otherwise  met  the
     5  requirements set forth in section six hundred five of this title and who
     6  has  reduced  hours  to  employees on or after the issuance of executive
     7  order 202 on March seventh, two thousand twenty, will  be  automatically
     8  and  retroactively  deemed  an  eligible shared work employer under this
     9  title and any employee whose work hours have been reduced as a result of
    10  the COVID-19 declared emergency shall be eligible for partial  unemploy-
    11  ment according to the provisions of the this title.
    12    2.  The  commissioner shall notify eligible employers by mail of their
    13  retroactive eligibility and automatic enrollment into  the  shared  work
    14  program  due  to  the COVID-19 declared state of emergency, along with a
    15  description of the shared work program  and  the  eligibility  of  their
    16  current  or former employees for partial benefits, as well as the appli-
    17  cation and guidance on how eligible employers can complete and submit an
    18  application to enroll in the  program.  Any  employer  enrolled  in  the
    19  shared  work program under this provision shall continue  to be enrolled
    20  until the COVID-19  declared  state  of  emergency  concludes  and  such
    21  employers and employees shall be exempt from the requirement to complete
    22  a weekly continuation claim form.
    23    §  2. Section 604 of the labor law, as amended by section 21-a of part
    24  O of chapter 57 of the laws of 2013, is amended to read as follows:
    25    § 604. Eligibility conditions. A claimant shall be eligible for  bene-
    26  fits  under  this  title  if he or she works less than his or her normal
    27  hours in a week for  his  customary  employer,  and  that  employer  has
    28  reduced  or  restricted  the  claimant's  weekly  hours  of work, or has
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10392                            2
     1  rehired a claimant previously laid off and reduced  his  or  her  weekly
     2  hours  of  work from those previously worked, as the result of a plan by
     3  the employer to stabilize the work force by a  program  of  sharing  the
     4  work  remaining  after  a  reduction in total hours of work and a corre-
     5  sponding reduction in wages, provided the program requires not less than
     6  a twenty percent nor more than a sixty percent reduction  in  hours  and
     7  wages  among the work force. A claimant receiving supplemental unemploy-
     8  ment compensation benefits, as defined in section five hundred  one  (c)
     9  (17)  (D)  of  the internal revenue code of nineteen hundred fifty-four,
    10  shall not be eligible hereunder. Any employee who was otherwise eligible
    11  for benefits under this title but was denied benefits during the  period
    12  beginning  October first, two thousand one and ending on December first,
    13  two thousand one because more than five percent of his or her wages were
    14  derived from piece work, shall be entitled to make a  retroactive  claim
    15  for  such benefits provided such claim is filed within sixty days of the
    16  effective date of this sentence. Any employee who would be eligible  for
    17  benefits  under the shared work program due to his or her reduced weekly
    18  hours but was denied a claim on or after  March  seventh,  two  thousand
    19  twenty,  or  who  did  not file a claim, is eligible to file a claim for
    20  lost hours work for each week beginning March eighth, two thousand twen-
    21  ty, if eligible under section six hundred five-a of this title.
    22    § 3. This act shall take effect immediately.
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