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On July 16, Governor Andrew Cuomo signed SB 7148. This bill not only amends the NY DOL Labor Laws but also amends 1042-A and A. 2355-A. This bill is the final version of a bill reviewed by CCC earlier this year: SB 5754.

Partial Unemployment

This changes the definition of “week of employment” to state that if a claimant works through midnight, the claimant is considered to have a start date of the following day. For example, the current workweek is defined as Monday – Sunday. If a claimant begins work on Sunday evening and works past midnight into Monday, they will be considered working into the next week of employment. A claimant’s wage calculation for partial unemployment benefits will now include paid vacation time.

No benefits will be paid to a claimant collecting partial Unemployment if they receive dismissal pay that exceeds the claimant’s maximum benefit rate and the partial benefit credit.

Extended Benefits

Extended benefits shall be paid to a claimant for no more than fifty percent of the total maximum amount of regular benefits payable in a benefit year.

If a claimant’s benefit year ends within an extended benefit period, the remaining balance of extended benefits to which they would be entitled, if any, shall be reduced by the amount of benefits for which they were allowed to receive.

1042-A/ 2355-A

This changed the definition of “Total Unemployment” to include partial Unemployment. Partial Unemployment is defined as “any employment during any week that is less than full-time employment so long as the compensation paid is less than the claimant’s weekly benefit rate plus the claimant’s partial benefit credit.”

This changed the definition of “Effective week” to include a partial unemployment week where a claimant works part-time and receives fewer wages than the claimant’s weekly benefit rate, plus the partial benefit credit compensation for paid vacation time and/or a paid holiday shall be considered wages.

What does this mean for the employer?

To the employer, this could mean that both SB 7148 and 1042-A/ 2355-A change how the state will determine a claimant eligible for partial unemployment benefits. The employer’s tax rating account will be impacted whenever a state amends eligibility rules, either negatively or positively. In this case, the nature of an employer’s business will play a key role in how this legislation will impact them. If your industry requires you to consistently schedule employees over the course of two days (overnight shift), then you should pay very close attention to this legislation. Employees will now be considered working into another “Effective week” when working a Sunday evening to Monday morning shift. The impacts of this shift could be that if the claimant then doesn’t work after Sunday – Monday overnight, then they could be eligible for partial benefits in that week. On a more direct note, the state has pushed legislation that makes it so that both paid vacation time and paid holidays are now considered wages. This will positively impact the employer’s tax rating account as this pay will now determine a claimant ineligible for total unemployment benefits. But if the vacation or holiday pay is less than the claimant’s maximum benefit rate and their partial benefit credit, then a claimant can be eligible for partial benefits. Extended Benefits changes generally have no impacts on the employer if the employer is determined not to be liable for benefits (as is the case with COVID-19 associated benefits). 1042-A/ 2355-A is the initial bill that changes to the partial unemployment definition, but the most notable change is the redetermining the definition of the “Effective week.” Before this legislation, the claimant’s eligibility per week was determined by days.


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