BILL NUMBER: S5623
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the labor law, in relation to unemployment benefits
based on employment with certain educational institutions; and to repeal
certain provisions of such law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To raise the standard for reasonable assurance, better reflecting the
shifting nature of academic hiring and enabling more employees to be
eligible for unemployment insurance during periods they are not working,
such as the summer.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 10 of section 590 of the labor law to clar-
ify that "contract to perform services" is in the code.
Section 2 repeals subdivision 11 of section 590 of the labor law and
adds a new subdivision 11. This subdivision lays out all the conditions
under which a "contract to perform services" is met. It also sets forth
all the conditions under which it can be determined there is "reasonable
assurance." Finally, it clarifies the definitions of "professional
capacity" and "services in a nonprofessional capacity."
Section 3 states that this act shall take effect immediately.
 
JUSTIFICATION:
Currently, workers in academic settings may be given reasonable assur-
ance that they will be rehired after academic breaks, but due to the
shifting nature of university and school enrollments, they could end up
without work. This is devastating to workers and their families, as they
cannot qualify for and collect unemployment insurance during academic
breaks and may be left without income for months. This bill creates a
stricter standard of "reasonable assurance" which must be met in order
for a worker not to qualify for unemployment insurance. By tightening
the standards by which an employee is assured future employment at an
academic institution, more workers will be able to access the unemploy-
ment benefits they deserve.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Potential additional unemployment payments from NYS Department of Labor.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5623: 590 labor law, 590(10) labor law, 590(11) labor law