Title LAB, Labor

§ 514. Benefit. "Benefit" means an amount payable to a claimant for unemployment.

§ 515. Claimant. "Claimant" means any person seeking benefits for unemployment.

§ 516. Paid. The term "wages paid" or "remuneration paid" shall, for the purposes of this article, be deemed paid on the date such payments are made.

§ 517. Remuneration. 1. Inclusions. "Remuneration" means every form of compensation for employment paid by an employer to his employee; whether paid directly or indirectly by the employer, including salaries, commissions, bonuses, and the reasonable money value of board, rent, h…

§ 518. Wages. 1. Limitation. * (a) "Wages" means all remuneration paid, except that such term does not include remuneration paid to an employee by an employer after eight thousand five hundred dollars have been paid to such employee by such employer with respect to employment du…

§ 519. Week. A "week" means seven consecutive days beginning with Monday.

§ 520. Base period. A claimant's "base period" is one of the following: 1. For the purpose of subdivision one of section five hundred twenty-seven of this article, the term base period shall mean the first four of the last five completed calendar quarters ending with the week im…

§ 521. Benefit year. A claimant's "benefit year" means the period of fifty-two consecutive weeks beginning with the first Monday after he files a valid original claim.

§ 522. Total unemployment and partial unemployment. "Total unemployment" means the total lack of any employment during any week. "Partial employment" means any employment during any week that is less than full-time employment so long as the compensation paid is less than the cla…

§ 523. Effective week. "Effective week" means (a) a week during which a claimant performs no services for which the claimant is paid compensation, or (b) a week during which a claimant performs services on a part-time basis for which the claimant is paid compensation that is les…

§ 524. Week of employment. For purposes of this article, "week of employment" shall mean a Monday through Sunday period during which a claimant was paid remuneration for employment for an employer or employers liable for contributions or for payments in lieu of contributions und…

§ 525. 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 law which is not in excess of fifty per centum of the individual's weekly be…

§ 527. Valid original claim. 1. Basic condition. "Valid original\nclaim" is a claim filed by a claimant who meets the following\nqualifications: (a) is able to work, and available for work; (b) is not\nsubject to any disqualification or suspension under this article; (c)\nhis or…

§ 528. Transitional provisions. Remuneration used to establish a valid original claim prior to the first day of April, nineteen hundred ninety-nine may be used to establish a subsequent valid original claim. Under such circumstances, the general account rather than the affected …

§ 529. Average annual wage; average weekly wage. * 1. The "average\nannual wage" shall be the average annual wage of the state of New York\nfor the previous calendar year as determined by the commissioner no\nlater than the thirty-first day of May of each year.\n * NB Effective …

§ 530. Industrial commissioner's powers. 1. General powers. The commissioner shall administer this article and for such purpose he shall have power to make all rules and regulations and, subject to the regulations of the civil service, to appoint such officers and employees as m…

§ 531. Regularization of employment. One of the purposes of this article is to promote the regularization of employment in enterprises, industries, localities, and the state. The commissioner shall take such steps as are within his means for the reduction and prevention of unemp…

§ 532. Employment districts and offices. 1. Establishment and maintenance. The commissioner may divide the state into such number of employment districts as he finds necessary to carry out the provisions of this article and maintain a district office in each of said districts. T…

§ 534. Appeal board. The appeal board is hereby continued. Such board shall consist of five salaried members, not more than three of whom shall be adherents of the same political party. One of the members of the board shall be designated as chairman by the governor. The governor…

§ 535. Referees. The commissioner shall appoint, subject to the regulations of the civil service, as many persons as may be necessary to be referees to perform the duties prescribed by this article. It shall be the duty of a referee, under the supervision, direction, and adminis…

§ 536. Collaboration with other states, the United States, and foreign governments. 1. Cooperation. The commissioner may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment compensation law. 2. Agreements. (a) …

§ 537. Disclosures prohibited. 1. a. Unemployment insurance information. (i) Unemployment insurance information is information contained in the records of the department pertaining to the administration of this article, including information obtained by the department from emplo…

§ 538. Representation and witness fees and other expenses. 1. Fees and compensation of representatives. (a) No fee shall be charged in any proceeding under this article by the commissioner, by the appeal board or by any court. (b) In any proceeding under this article a party may…

§ 539. Acquisition of land and buildings. The commissioner of general services, on the recommendation of the industrial commissioner and with the approval of the director of the budget and on behalf of the state, is hereby authorized (1) to purchase land with or without building…

§ 540. Information about assistance programs. The commissioner shall establish procedures whereby each person who files a claim for unemployment insurance pursuant to section five hundred ninety-six of this article, shall receive information about the supplemental nutrition assi…

§ 550. Unemployment insurance fund. 1. Composition and investment. (a) The unemployment insurance fund shall be continued. It shall consist of all contributions, interest, penalties and monies from the re-employment service fund pursuant to section five hundred eighty-one-b of t…

§ 551. Unemployment administration fund. 1. Purpose. The unemployment administration fund shall be continued. It shall consist of all moneys received by the state or the commissioner for the administration of this article. Such fund shall be handled by the commissioner of taxati…

§ 552. Special fund. 1. Source. There is hereby established the special fund. It shall consist of all moneys credited thereto pursuant to the provisions of sections five hundred thirty-nine and five hundred fifty-three of this article, of property and securities acquired by and …

§ 552-a. Re-employment service fund. 1. There is hereby established in the joint custody of the commissioner of taxation and finance and the state comptroller a fund to be known as the "re-employment service fund". 2. The re-employment service fund shall consist of all moneys co…

§ 552-b. Unemployment insurance control fund. 1. There is hereby established in the joint custody of the commissioner of taxation and finance and the state comptroller a fund to be known as the "unemployment insurance control fund". 2. The unemployment insurance control fund sha…

§ 553. Disposition of moneys collected. 1. Depository. All moneys collected as contributions, interest and penalties under this article shall be deposited in a bank, trust company or industrial bank designated by the state comptroller. All moneys so deposited shall be credited i…

§ 560. Terms of coverage. 1. Liability. Any employer shall become liable for contributions under this article if he has paid remuneration of three hundred dollars or more in any calendar quarter, except that liability with respect to persons employed in personal or domestic serv…

§ 561. Voluntary election. 1. Employer. Any employer not otherwise\nliable for contributions under this article as an employer may become\nliable therefor\n (a) as of the first day of any calendar quarter, provided\n (1) he files an application with the commissioner to elect cov…

§ 562. Termination of coverage. 1. Required coverage. (a) Any employer who has once become liable for contributions under this article with respect to persons other than persons employed in personal or domestic service in private homes shall cease to be liable as of the first da…

§ 563. Non-profit organizations. 1. Definition. A "non-profit organization" shall mean any corporation, unincorporated association, community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes, no…

§ 564. Agricultural labor crew leaders. Whenever a person renders\nservices as a member of a crew which is paid and furnished by the crew\nleader to perform services in agricultural labor for another employer,\nsuch other employer shall, for the purpose of this article, be deeme…

§ 565. Governmental entities. 1. Definition. A governmental entity shall mean the state of New York, municipal corporations and other governmental subdivision and any instrumentality of one or more of the foregoing. 2. Exclusions. In addition to services not included pursuant to…

§ 566. Indian tribes. 1. Definitions. (a) Indian tribe shall mean any\nIndian tribe, subdivision, subsidiary or business enterprise wholly\nowned by such Indian tribe, as defined in section 3306(u) of the federal\nunemployment tax act (FUTA).\n (b) The term "employer" as defined…

§ 570. Payment of contributions. 1. Rate. Each employer liable under this article shall pay contributions on all wages paid by him at the rate of five and four-tenths per centum or, if applicable to the employer, at the rate provided by the provisions of sections five hundred se…

§ 571. Assessment of contributions due. If an employer fails to file a quarterly combined withholding, wage reporting and unemployment insurance return as required by paragraph four of subsection (a) of section six hundred seventy-four of the tax law for the purpose of determini…

§ 572. Notice of liability. Any employer who has become liable for contributions shall notify the commissioner of such fact immediately and shall give information concerning his operations and persons employed by him.

§ 573. Collection of contributions in case of default. 1. Civil actions. If an employer shall default in any payments required to be made by him to the fund, after due notice, the amount due from him shall be collected by civil action against him brought in the name of the commi…

§ 574. Insolvency or bankruptcy. 1. Priority of contributions. In the event of the dissolution, insolvency, composition, or assignment for benefit of creditors of any employer, contributions then and thereafter due from such employer under this article, together with any interes…

§ 575. Maintenance, audit, and report of remuneration and employment records. 1. Requirements. Every employer shall keep a true and accurate record of each person employed by him, the name and social security account number, and the amount of remuneration paid to each, and such …

§ 575-a. Penalties relating to wage information. In the case of a failure by an employer to provide complete and correct wage reporting information on a quarterly combined withholding, wage reporting and unemployment insurance return required by paragraph four of subsection (a) …

§ 576. Time limitations. 1. Determinations of liability for contributions. No determination of liability for contributions pursuant to section five hundred sixty of this article shall be made more than three years after the last day of the calendar year in which the wages on whi…

§ 577. General account; subsidiary contribution. 1. General account. The general account within the fund shall be continued. (a) This account shall be credited with (1) all net earnings on moneys in the fund, (2) moneys credited to this state pursuant to section nine hundred thr…

§ 578. Non-liability for penalty and interest. 1. Conditions. The provisions of this section shall apply to employers who failed to discharge obligations under this title because of the bona fide belief that all or some of their employees are covered under the unemployment insur…

§ 581. Experience rating. 1. Meaning of terms. As used in this section: (a) "Computation date" means December thirty-first of any year. (b) "Payroll year" means the period beginning on October first of a year and ending on September thirtieth of the next following year. (c) "Qua…

§ 581-a. Rates of contributions to fund in emergency. 1. Notwithstanding the provisions of section five hundred eighty-one of this chapter to the contrary, all employers whose employees received payments due to a layoff caused by flood conditions shall not have included in their…