BILL NUMBER: S2596
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the labor law, in relation to an individual's right to
request a hearing regarding an unemployment insurance benefits claim
 
PURPOSE OR GENERAL IDEA OF BILL:
To require the Department of Labor to notify applicants of their right
to request a hearing if they do not begin to receive benefits or do not
receive a notice of determination denying their claim within thirty days
of completing an application, and to allow applicants for unemployment
insurance benefits to request a hearing if they do not receive a notice
of determination within thirty days of completing an application.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision six of section 596 of the labor law to add
a new paragraph e requiring that the Department of Labor advise an indi-
vidual filing a new claim for benefits that they have a right to request
a hearing if within thirty days of completing an application for bene-
fits, they do not begin to receive benefits or do not receive a written
notice of determination denying benefits.
§ 2 amends subdivision one of section 620 of the labor law to provide
that where a notice of determination has not been issued by the depart-
ment of labor or received by the claimant within thirty days of complet-
ing an application for benefits the claimant may request a hearing under
the presumption that the claim has been denied.
§ 3 provides the effective date and directs the Department of Labor to
add, amend, or repeal any rule or regulation necessary for implementa-
tion of the act.
 
JUSTIFICATION:
Unprecedented numbers of New Yorkers applying for unemployment assist-
ance swamped the Department of Labor early in the COVID-19 pandemic. In
the months following the first deluge of claims, many claimants received
little or no communication from the Department of Labor for weeks or in
some cases months. Even now, several years after devastating job losses
began the rush for much needed support, many claimants still do not
receive timely determinations regarding their claims.
Current law provides a right to a hearing to an unemployment insurance
benefit claimant only after receipt of a notice of determination. Where
the claimant has neither begun to receive benefits nor received a notice
of determination denying benefits, there is no means by which to request
a hearing no matter how much time has elapsed since the initial date of
application.
By allowing individuals to request a hearing if they have not received
benefits or notice that their claim has been denied within 30 days of
completing an application, this bill will provide claimants with some
recourse.
Further, providing a right to a hearing when thirty days have elapsed
with no decision on benefit eligibility, brings the Department of Labor
in line with the eligibility determination time frame for other state-
administered benefits such as Family Assistance, Safety Net Assistance,
Supplemental Nutrition Assistance Program (SNAP) benefits, and Medical
Assistance benefits. All of these programs must make a determination and
issue a notice of determination within 30 days of an application for
benefits except in certain well-defined circumstances. Where applicants
disagree with the determination, or where no determination has been
timely issued, applicants have a right to a hearing. Unemployment insur-
ance claimants deserve the same consideration.
 
PRIOR LEGISLATIVE HISTORY:
2023/24: S6551/A6945 (Burdick); Passed Senate; referred to Labor in
Assembly
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall become a law.

Statutes affected:
S2596: 596 labor law, 596(6) labor law, 620 labor law, 620(1) labor law