News & Information

CCH® UNEMPLOYMENT INSURANCE — 09/02/10

New York amends its UI law regarding industrial controversies

New York has amended its Unemployment Insurance Law as follows:

Industrial controversy. Benefits will not be suspended in an industrial controversy if the employer hires a permanent replacement worker for the employee's position. A replacement worker is presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike if the strike terminates prior to the conclusion of the employee's eligibility for benefit rights. In the event the employer does not permit a return after the certification, the employee will be entitled to recover any benefits lost as a result of the seven-week suspension of benefits, and the Department may impose a penalty upon the employer of up to $750 per employee per week of benefits lost.

Benefits also will not be suspended if the Commissioner determines that the claimant is not employed by an employer involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy; or is not in a bargaining unit involved in the industrial controversy that caused his or her unemployment and is not participating in the industrial controversy.