Title LAB, Labor

§ 581-b. Contributions to the re-employment service fund. Each eligible employer that is liable for contributions under this article shall each calendar quarter make an additional contribution to the re-employment service fund in an amount equal to seventy-five one-thousandths o…

§ 581-c. Amnesty program. 1. Notwithstanding the provisions of any other law to the contrary, there is hereby established a three month amnesty program as described in this section, to be administered by the commissioner, to be effective for the period commencing October first, …

§ 581-d. Contributions to the interest assessment surcharge fund. 1. Each employer that is liable for contributions under this article shall pay an assessment to the commissioner at a rate established annually by the commissioner sufficient to pay interest due on advances from t…

§ 590. Rights to benefits. 1. Entitlement to benefits. A claimant\nshall be entitled to accumulate effective weeks for the purpose of\nbenefit rights only if he has complied with the provisions of this\narticle regarding the filing of his claim, including the filing of a\nvalid …

§ 591. Eligibility for benefits. * 1. Unemployment. Benefits, except\nas provided in section five hundred ninety-one-a of this title, shall be\npaid only to a claimant who is totally unemployed or partially\nunemployed. A claimant who is receiving benefits under this article\nsh…

* § 591-a. Self-employment assistance program. 1. The department is\nhereby authorized and empowered to establish and operate a\nself-employment assistance program as authorized pursuant to subsection\n(t) of section 3306 of the internal revenue code.\n 2. For the purposes of th…

§ 592. Suspension of accumulation of benefit rights. 1. Industrial\ncontroversy. (a) The accumulation of benefit rights by a claimant shall\nbe suspended during a period of one week beginning with the day after\nsuch claimant lost their employment because of a strike or other\ni…

§ 593. Disqualification for benefits. 1. Voluntary separation;\nseparation for a compelling family reason. (a) No weeks of total\nunemployment or partial unemployment shall be deemed to occur after a\nclaimant's voluntary separation without good cause from employment until\nhe o…

§ 594. Reduction and recovery of benefits and penalties for wilful false statement. (1) A claimant who has wilfully made a false statement or representation to obtain any benefit under the provisions of this article shall forfeit benefits for at least the first one but not more …

§ 595. Benefit right inalienable. 1. Waiver agreement void. No agreement by an employee to waive his rights under this article shall be valid. 2. Assignment of benefits void. Benefits shall not be assigned, pledged, encumbered, released, or commuted and shall be exempt from all …

§ 596. Claim filing, registration, and reporting. 1. Claim filing and\ncertification to unemployment. A claimant shall file a claim for\nbenefits in such manner as the commissioner shall prescribe. The\nclaimant shall disclose whether he or she owes child support\nobligations, a…

§ 597. Initial determination. 1. Issuance. The validity of the claim and the amount of benefits payable to the claimant shall be determined in accordance with the regulations and procedure established by the commissioner and, when such determination is issued by the commissioner…

§ 598. Effect of payments for failure to provide notice of a facility closure. Payments to an employee under article twenty-five-a of this chapter by an employer who has failed to provide the advance notice of a facility closure required by such article or the federal Worker Adj…

§ 599. Career and related training; preservation of eligibility. 1.\nNotwithstanding any other provision of this article, a claimant shall\nnot become ineligible for benefits because of the claimant's regular\nattendance in a program of training which the commissioner has approv…

§ 600. Effect of retirement payments. 1. Reduction of benefit rate.\n(a) The benefit rate of a claimant who is receiving a governmental or\nother pension, retirement or retired pay, annuity, or any other similar\nperiodic payment which is based on his previous work, shall be red…

§ 601. Extended benefits. 1. Definitions. For the purposes of this\nsection:\n (a) (1) There shall be a "state 'on' indicator" for a week if, as\ndetermined by the commissioner in accordance with the regulations of the\nsecretary of labor of the United States, the rate of insure…

§ 602. Application. This title shall apply to a claimant employed by an employer whose application to participate in a shared work program has been approved by the commissioner. The provisions of subdivision four of section five hundred twenty-seven, subdivisions three and seven…

§ 602-a. Outreach. 1. The commissioner shall have the obligation and duty of providing informational materials regarding shared work program eligibility. Such materials shall be made available on the department's website and provided to each employer within the state annually th…

§ 603. Definitions. For purposes of this title: "Total unemployment" shall mean the total lack of any employment during any week and "partial unemployment" shall mean any employment during any week that is less than full-time employment so long as the compensation paid is less t…

§ 604. Eligibility conditions. A claimant shall be eligible for benefits under this title if he or she works less than his or her normal hours in a week for his customary employer, and that employer has reduced or restricted the claimant's weekly hours of work, or has rehired a …

§ 605. Qualified employers; application. An employer who has at least two full time employees may apply to participate in a shared work program. The written application shall be made according to such forms and procedures as the commissioner may specify and shall include such in…

§ 605-a. Shared work program. 1. Any group of employees who may reasonably be expected to experience an employment loss as a consequence of a reduction in workforce or have experienced employment loss as a consequence of a reduction in workforce may petition in writing the emplo…

§ 606. Revocation of approval. For good cause shown, the commissioner may, in his discretion, revoke approval of an employer's application previously granted. Good cause may include, but shall not be limited to, failure to comply with the assurances and certifications required u…

§ 607. Benefits. 1. Amount. An eligible claimant shall be paid benefits for any week equal to his or her benefit rate multiplied by the percentage of reduction of his or her wages resulting from reduced hours of work, but only if such percentage is no less than twenty percent. T…

§ 608. Maximum payments. In no event shall total benefits paid in any benefit year, either under this title, the other titles of this article, or both, exceed the maximum amount for which a claimant would be eligible under the other titles of this article alone.

§ 609. Training. Eligible employees may participate, as appropriate, in training to enhance job skills if such program has been approved by the commissioner. Such training may include employer-sponsored training or worker training funded under the Workforce Investment Act of 199…

§ 610. Commencement. A shared work program and payment of benefits to claimants thereunder shall begin with the first week following approval of an application by the commissioner or the first week specified by the employer, whichever is later.

§ 611. Charging of benefits. Benefits paid to a claimant shall be charged to the employers' accounts as provided in paragraph (e) of subdivision one of section five hundred eighty-one of this article.

§ 612. Severability. If any amendment contained in a clause, sentence, paragraph, section or part of this title shall be adjudged by the United States Department of Labor to violate requirements for maintaining benefit standards required of the state in order to be eligible for …

§ 620. Referees' hearings. 1. Disputed claims for benefits. (a) A claimant who is dissatisfied with an initial determination of his or her claim for benefits or any other party, including any employer whose employer account percentage might be affected by such determination may,…

§ 621. Appeals to appeal board. 1. Disputed claims for benefits. Within twenty days after the mailing or personal delivery of notice of the decision of a referee on contested benefit claims, the claimant and the employer, provided he appeared at the hearing, may appeal to the ap…

§ 622. Rules governing hearings and appeals. 1. Rules and regulations. The manner in which disputes and appeals shall be presented before referees and the appeal board, respectively, and the conduct of hearings before referees and the board shall be governed by suitable rules an…

§ 623. Decisions final. 1. A decision of a referee, if not appealed from, shall be final on all questions of fact and law. A decision of the appeal board shall be final on all questions of fact and, unless appealed from, shall be final on all questions of law. 2. No finding of f…

§ 624. Appeals to courts. Within thirty days after the mailing or personal delivery of notice of a decision by the appeal board, the commissioner or any other party affected thereby who appeared at the appeal before the board may appeal questions of law involved in such decision…

625. Undertaking on appeal. No appeal shall be taken by an employer from a decision of the appeal board determining a sum to be due from such employer unless the amount involved, with interest and penalties thereon, if any, shall be first deposited with the commissioner and an u…

§ 626. Exclusive procedure. The procedure herein provided for hearings before referees with respect to any determination, rule, or order of the commissioner, and for decisions thereon and for appeals therefrom, first to the appeal board and thereafter to the courts, shall be the…

§ 630. Penalties. Any misdemeanor defined in this title shall be punishable by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both. The penalties and misdemeanors imposed by this title are in addition to those otherwise prescribed in …

§ 631. Corporation officers' liability. If a corporation is convicted of any violation under this title, the president, secretary, treasurer, or officers exercising corresponding functions shall each be guilty of a misdemeanor.

§ 632. False statements or representations. 1. Benefits and contributions. Any person shall be guilty of a misdemeanor who wilfully makes a false statement or representation (a) with the effect of obtaining, either for himself or for any other person, any benefit or payment unde…

§ 633. Wilful failure to pay contributions. Any person who wilfully refuses or fails to pay a contribution to the fund shall be guilty of a misdemeanor.

§ 634. Refusal to permit inspections of records. Any person who refuses to allow the commissioner or his authorized representative to inspect his payroll or other records or documents relative to the enforcement of this article shall be guilty of a misdemeanor.

§ 635. Deductions from wages. Any employer who shall make a deduction from the remuneration of any employee to pay any portion of the contribution which the employer is required to make shall be guilty of a misdemeanor.

§ 636. No fees to be charged for services rendered by free public employment bureaus. A person connected with or employed in a free public employment bureau, who shall charge or receive directly or indirectly any fee or compensation from any person applying to such bureau for he…

§ 640. Prosecution and litigation. The failure by any person to do any act required by or under the provisions of this article shall be deemed an act committed in part at the office of the industrial commissioner in Albany and committed in part in the place where the person resi…

§ 642. Separability of provisions. If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 643. Saving clause. The legislature reserves the right to amend, alter, or repeal any provision of this article; and no person shall be or be deemed to be vested with any property or other right by virtue of the enactment or operation of this article.

§ 650. Statement of public policy. There are persons employed in some occupations in the state of New York at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health, efficiency, and well-being of the persons so em…

§ 651. Definitions. As used in this article: 1. "Commissioner" means the industrial commissioner. 2. "Department" means the labor department. 3. "Board" or "wage board" means a board created as provided in this article. 4. "Occupation" means an industry, trade, business or class…

§ 652. Minimum wage. 1. Statutory. Every employer shall pay to each\nof its employees for each hour worked a wage of not less than:\n $4.25 on and after April 1, 1991,\n $5.15 on and after March 31, 2000,\n $6.00 on and after January 1, 2005,\n $6.75 on and after January 1, 2006…

§ 653. Investigation of adequacy of wages. (1) The commissioner shall have power on his own motion to cause an investigation to be made of the wages being paid to persons employed in any occupation or occupations to ascertain whether the minimum wages established in accordance w…