BILL NUMBER: S4476
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to decreasing the length of
the suspension period applicable to certain striking workers who seek to
obtain unemployment insurance benefits
 
PURPOSE:
This bill reduces the amount of time that workers on strike must wait
prior to receiving unemployment insurance benefits.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill reduces, from two consecutive weeks to one week,
the period during which the accumulation of unemployment benefit rights
is suspended for a claimant who loses their-employment due to strike or
other industrial controversies, including concerted activity not author-
ized 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
the claimant was employed.
Section 1 also provides that the requisite waiting period shall be
served concurrently with the suspension period.
Section 2 sets the effective date.
 
JUSTIFICATION:
Until February of 2020, striking workers in New York were required to
wait 7 weeks before collecting unemployment insurance benefits. While
New York has reduced the 49-day suspension period, unionized workers
still do not have parity when it comes to unemployment insurance bene-
fits, the current two-week suspension period is not imposed on other
unemployed individuals seeking Ul benefits.
Requiring workers on strike to wait any additional amount of time beyond
what other Ul claimants experience before they are eligible to claim Ul
benefits places an undue financial hardship on workers exercising their
legally guaranteed rights to organize, bargain collectively, and strike.
By aligning the amount of time that a Ul benefits claimant on strike
must wait with the waiting period applicable to other claimants, the
financial hardship experienced by striking workers will be lessened.
A strike by nurses in the City of Buffalo lasted for over one month,
meaning nearly half of the strike period did not qualify for U1 bene-
fits. This left striking workers at a disadvantage, forcing the union to
drain their strike fund and workers to risk missing mortgage or rent
payments. While the decrease in the suspension period has helped, it
still leaves workers at a disadvantage for the first two weeks of the
strike. In addition, any administrative delays in receiving their UI
benefits once they do qualify only increases the financial pain
inflicted on striking workers. By decreasing the suspension period to
one week, workers will have the financial security they need to put food
on the table and. keep a roof over their head while fighting for the
wages, benefits, and working conditions they deserve.
 
LEGISLATIVE HISTORY:
2024: 59460 (Ramos) Referred to Labor
2024: S4402A (Kennedy) - Referred to Labor
2023: S4402A (Kennedy) - Passed the Senate
2022: S8130 (Kennedy) - Passed Senate
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.