S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1276
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in  relation  to  unemployment  insurance
         benefits  for  professional  employment  by certain educational insti-
         tutions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 10 of section 590 of the labor law is amended
    2  by adding a new paragraph (d) to read as follows:
    3    (D) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH  AMERI-
    4  CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
    5  IN  A  PRINCIPAL,  ADMINISTRATIVE,  RESEARCH OR INSTRUCTIONAL CAPACITY A
    6  PERSON IS PRESUMED NOT TO HAVE REASONABLE ASSURANCE UNDER AN OFFER  THAT
    7  IS CONDITIONED ON ENROLLMENT, FUNDING OR PROGRAMMATIC CHANGES. IT IS THE
    8  EMPLOYER'S  BURDEN  TO PROVIDE SUFFICIENT DOCUMENTATION TO OVERCOME THIS
    9  PRESUMPTION. REASONABLE ASSURANCE MUST BE DETERMINED ON  A  CASE-BY-CASE
   10  BASIS  BY  THE TOTAL WEIGHT OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY
   11  ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO THE CONTINGENT NATURE OF  AN
   12  OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES.
   13  PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT INSURANCE PROCEEDING A WRIT-
   14  TEN LETTER FROM AN EMPLOYER TO AN EMPLOYEE WHICH MAKES EMPLOYMENT CONDI-
   15  TIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE ASSURANCE  TO  BE
   16  USED TO DENY A CLAIM FOR UNEMPLOYMENT.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00376-01-5