Title LAB, Labor

§ 581-b. Contributions to the re-employment service fund. Each\neligible employer that is liable for contributions under this article\nshall each calendar quarter make an additional contribution to the\nre-employment service fund in an amount equal to seventy-five\none-thousandt…

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

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

§ 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\nfalse statement. (1) A claimant who has wilfully made a false statement\nor representation to obtain any benefit under the provisions of this\narticle shall forfeit benefits for at least the first one but not mo…

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

§ 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\nand the amount of benefits payable to the claimant shall be determined\nin accordance with the regulations and procedure established by the\ncommissioner and, when such determination is issued by the commissio…

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

§ 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\nan employer whose application to participate in a shared work program\nhas been approved by the commissioner. The provisions of subdivision\nfour of section five hundred twenty-seven, subdivisions three and se…

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

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

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

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

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

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

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

§ 608. Maximum payments. In no event shall total benefits paid in any\nbenefit year, either under this title, the other titles of this article,\nor both, exceed the maximum amount for which a claimant would be\neligible under the other titles of this article alone.\n

§ 609. Training. Eligible employees may participate, as appropriate,\nin training to enhance job skills if such program has been approved by\nthe commissioner. Such training may include employer-sponsored training\nor worker training funded under the Workforce Investment Act of …

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

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

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

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

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

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

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

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

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

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

§ 630. Penalties. Any misdemeanor defined in this title shall be\npunishable by a fine of not more than five hundred dollars or\nimprisonment for not more than one year, or both.\n The penalties and misdemeanors imposed by this title are in addition\nto those otherwise prescribe…

§ 631. Corporation officers' liability. If a corporation is convicted\nof any violation under this title, the president, secretary, treasurer,\nor officers exercising corresponding functions shall each be guilty of a\nmisdemeanor.\n

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

§ 633. Wilful failure to pay contributions. Any person who wilfully\nrefuses or fails to pay a contribution to the fund shall be guilty of a\nmisdemeanor.\n

§ 634. Refusal to permit inspections of records. Any person who\nrefuses to allow the commissioner or his authorized representative to\ninspect his payroll or other records or documents relative to the\nenforcement of this article shall be guilty of a misdemeanor.\n

§ 635. Deductions from wages. Any employer who shall make a deduction\nfrom the remuneration of any employee to pay any portion of the\ncontribution which the employer is required to make shall be guilty of a\nmisdemeanor.\n

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

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

§ 642. Separability of provisions. If any provision of this article\nor the application thereof to any person or circumstance is held\ninvalid, the remainder of the article and the application of such\nprovision to other persons or circumstances shall not be affected\nthereby.\n…

§ 643. Saving clause. The legislature reserves the right to amend,\nalter, or repeal any provision of this article; and no person shall be\nor be deemed to be vested with any property or other right by virtue of\nthe enactment or operation of this article.\n

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

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

§ 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\nhave power on his own motion to cause an investigation to be made of the\nwages being paid to persons employed in any occupation or occupations to\nascertain whether the minimum wages established in accordanc…