Title LAB, Labor

§ 514. Benefit. "Benefit" means an amount payable to a claimant for\nunemployment.\n

§ 515. Claimant. "Claimant" means any person seeking benefits for\nunemployment.\n

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

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

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

§ 519. Week. A "week" means seven consecutive days beginning with\nMonday.\n

§ 520. Base period. A claimant's "base period" is one of the\nfollowing:\n 1. For the purpose of subdivision one of section five hundred\ntwenty-seven of this article, the term base period shall mean the first\nfour of the last five completed calendar quarters ending with the we…

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

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

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

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

§ 525. Partial benefit credit. "Partial benefit credit" means that\npart of the compensation, if any, paid to a claimant with respect to a\nweek for which benefits are claimed under the provisions of this law\nwhich is not in excess of fifty per centum of the individual's weekly…

§ 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\nvalid original claim prior to the first day of April, nineteen hundred\nninety-nine may be used to establish a subsequent valid original claim.\nUnder such circumstances, the general account rather than the affect…

§ 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\ncommissioner shall administer this article and for such purpose he shall\nhave power to make all rules and regulations and, subject to the\nregulations of the civil service, to appoint such officers and employees\n…

§ 531. Regularization of employment. One of the purposes of this\narticle is to promote the regularization of employment in enterprises,\nindustries, localities, and the state. The commissioner shall take such\nsteps as are within his means for the reduction and prevention of\nu…

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

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

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

§ 536. Collaboration with other states, the United States, and foreign\ngovernments. 1. Cooperation. The commissioner may afford reasonable\ncooperation with every agency of the United States charged with the\nadministration of any unemployment compensation law.\n 2. Agreements.…

§ 537. Disclosures prohibited. 1. a. Unemployment insurance\ninformation. (i) Unemployment insurance information is information\ncontained in the records of the department pertaining to the\nadministration of this article, including information obtained by the\ndepartment from e…

§ 538. Representation and witness fees and other expenses. 1. Fees and\ncompensation of representatives. (a) No fee shall be charged in any\nproceeding under this article by the commissioner, by the appeal board\nor by any court.\n (b) In any proceeding under this article a part…

§ 539. Acquisition of land and buildings. The commissioner of general\nservices, on the recommendation of the industrial commissioner and with\nthe approval of the director of the budget and on behalf of the state,\nis hereby authorized\n (1) to purchase land with or without bui…

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

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

§ 551. Unemployment administration fund. 1. Purpose. The unemployment\nadministration fund shall be continued. It shall consist of all moneys\nreceived by the state or the commissioner for the administration of this\narticle. Such fund shall be handled by the commissioner of tax…

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

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

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

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

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

§ 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\nwho has once become liable for contributions under this article with\nrespect to persons other than persons employed in personal or domestic\nservice in private homes shall cease to be liable as of the first…

§ 563. Non-profit organizations. 1. Definition. A "non-profit\norganization" shall mean any corporation, unincorporated association,\ncommunity chest, fund, or foundation organized and operated exclusively\nfor religious, charitable, scientific, literary or educational purposes,…

§ 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\nshall mean the state of New York, municipal corporations and other\ngovernmental subdivision and any instrumentality of one or more of the\nforegoing.\n 2. Exclusions. In addition to services not included pursua…

§ 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\nthis article shall pay contributions on all wages paid by him at the\nrate of five and four-tenths per centum or, if applicable to the\nemployer, at the rate provided by the provisions of sections five\nhundre…

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

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

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

§ 574. Insolvency or bankruptcy. 1. Priority of contributions. In the\nevent of the dissolution, insolvency, composition, or assignment for\nbenefit of creditors of any employer, contributions then and thereafter\ndue from such employer under this article, together with any inte…

§ 575. Maintenance, audit, and report of remuneration and employment\nrecords. 1. Requirements. Every employer shall keep a true and accurate\nrecord of each person employed by him, the name and social security\naccount number, and the amount of remuneration paid to each, and su…

§ 575-a. Penalties relating to wage information. In the case of a\nfailure by an employer to provide complete and correct wage reporting\ninformation on a quarterly combined withholding, wage reporting and\nunemployment insurance return required by paragraph four of subsection\n…

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

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

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

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

§ 581-a. Rates of contributions to fund in emergency. 1.\nNotwithstanding the provisions of section five hundred eighty-one of\nthis chapter to the contrary, all employers whose employees received\npayments due to a layoff caused by flood conditions shall not have\nincluded in t…