reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 1 - Regulations of the Industrial Commissioner › Part 473 - Benefits And Claims › Section 473.4 - Interstate benefit claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 order to continue to be eligible for benefits, claimants must establish that
					 they are ready, willing, and able to work; and actively seeking work during
					 each week for which they are claiming benefits. To be considered to be actively
					 seeking work, a claimant must be engaged in systematic and sustained efforts,
					 as defined in subdivisions (b) and (c), to find work. The claimant must provide
					 proof of these work search efforts to the Department of Labor upon request,
					 unless good cause is shown, or the claimant is otherwise exempted pursuant to
					 subdivision (k).
(b) A claimant who
					 fails to conduct at least three work search activities in a week shall be
					 ineligible for benefits for that week. The minimum work search activity shall
					 be from those listed in subdivision (c), focused on obtaining suitable work, as
					 defined in subdivision (d). The Department of Labor is authorized to refer
					 claimants for additional services aimed at facilitating a faster return to
					 work, including but not limited to:
(1) The
					 development of a written work search plan pursuant to subdivision
					 (l);
(2) The development and
					 implementation of a reemployment services orientation, which includes at least
					 three of the items listed in subdivision (c)(1). This program will satisfy
					 three weeks of work search activity; and
(3) A Career Center where such work search
					 activities may be performed in person or through any electronic means provided
					 or approved by the Department of Labor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 1 - Regulations of the Industrial Commissioner › Part 473 - Benefits And Claims › Section 473.5 - Interstate benefit claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 claimant who, pursuant to the provisions of the interstate benefit payment
					 plan, files a claim in New York State for benefits payable under the
					 unemployment compensation law of another state shall comply, in the matter of
					 registration and reporting, with sections
					 473.1,
					 473.2
					 and
					 473.3 
					 of this Part and with such other requirements as may be established for this
					 purpose.
(b) A claimant who,
					 pursuant to the provisions of the interstate benefit payment plan, files in
					 another state a claim for benefits payable under the New York State
					 Unemployment Insurance Law shall comply with regulations and other requirements
					 concerning registration and reporting established by such other state for this
					 purpose.
(c) A benefit claim filed
					 pursuant to subdivision (b) of this section shall not be valid until a claimant
					 who is qualified for benefits under the law of any state against which claimant
					 has previously elected to file a claim exhausts or otherwise terminates
					 claimant's benefit rights under such election.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.1 - Value of board and lodging

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Section 517 of the Unemployment Insurance Law provides that the reasonable
					 money value of board, rent, housing, lodging or similar advantage furnished by
					 employers to their employees constitutes remuneration.
(b) In the absence of evidence furnished to
					 the commissioner pursuant to subdivisions (c) and (d) of this section, the
					 reasonable money value of board and lodgings shall be the greater of:
(1) each meal $1.15
lodging--per day $1.85
or
(2) the money value used by an employer for
					 compliance with New York Minimum Wage Orders (12 NYCRR Chapter II, Subchapters
					 B and F).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.2 - Tips of beauty parlor operators

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 For the purposes of this section, the term beauty parlor operator includes all
					 employees of any employer performing personal service on female customers in
					 operations useful to the care, cleansing, or beautification of the hair, nails
					 or skin, or in the enhancement of personal appearance and in operations
					 incidential thereto; but it excludes maids, receptionists, physical training
					 instructors, nurses, desk clerks, office workers and other employees not
					 performing the aforementioned operations.
(b) No value of gratuities or tips need be
					 included in the amount of remuneration as defined in section 517 of the
					 Unemployment Insurance Law if in a given beauty shop:
(1) acceptance of tips or gratuities is not
					 allowed;
(2) customers are apprised
					 by conspicuously displayed announcements or otherwise in writing, at or before
					 the time bills for services are rendered to them, that acceptances of tips or
					 gratuities is not allowed;
(3) the
					 owner adopts reasonable means to insure that tips or gratuities are not
					 received by his employees; and
(4)
					 the owner submits to the Department of Labor a sworn statement setting forth
					 that his employees are not allowed to accept tips or gratuities and describing
					 the methods adopted by him in order to obtain compliance with this prohibition
					 by customers and employees.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.3 - Tips of garage, gas station and parking lot attendants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value of gratuities or tips received
					 by employees engaged as attendants in garages, gas stations and parking lots
					 shall be determined as follows:
(1) Such value
					 shall be equal to the amount certified by each employee in a signed statement
					 to his employer as received in the form of gratuities or tips, which statement
					 shall be retained by the employer and submitted to the Department of Labor upon
					 request.
(2) No gratuities or tips
					 shall be deemed received for the purpose of this section if such statement is
					 not submitted by an employee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.4 - Tips of service employees in restaurants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following definition of terms shall
					 apply to this section:
(1) The term
					 restaurant means any eating or drinking place where food or beverages for human
					 consumption on the premises are offered, including places whose patrons, in
					 whole or in part, consist of members of any club, association or similar
					 organization, but excluding places where patrons pay a fixed amount for meals
					 over any given period of time, not dependent upon the number of meals actually
					 taken.
(2) The term service
					 employee means any employee whose duties relate to the serving of food or
					 beverages, or both, in a restaurant, or to the performance of duties incidental
					 thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.5 - Tips of dining room employees in american plan hotels and in eating clubs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 definitions of terms shall apply to this section:
(1) The term American plan hotel means an
					 establishment where the majority of patrons pay fixed charges for room and
					 meals for fixed periods of time, not dependent upon the meals actually
					 taken.
(2) The term eating club
					 means any eating place where food for human consumption on the premises is
					 offered and where patrons pay a fixed amount for meals over any given period of
					 time, not dependent upon the number of meals actually taken.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.6 - Tips of hotel service employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following definition of terms shall
					 apply to this section:
(1) The term hotel
					 means any establishment which is operated for the purpose of furnishing
					 lodgings with chambermaid service.
(2) The term hotel service employee means any
					 person engaged by a hotel in any of the following occupations:
(i) bellhops;
(ii) porters and baggage porters (any person
					 employed by the hotel whose duties involve contact with the public and which
					 relate to the handling and transportation of guests' luggage or baggage, and
					 obtaining transportation for guests). This item does not include porters
					 employed as housemen, cleaners, lobby porters, etc.;
(iii) chambermaids;
(iv) doormen.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.7 - Tips of taxicab drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value
					 of gratuities or tips received by taxicab drivers shall be determined as
					 follows:
(1) Such value shall be equal to the
					 amount certified by each employee upon a signed statement to his employer as
					 received in the form of gratuities or tips, which statement shall be retained
					 by the employer and submitted to the Department of Labor upon
					 request.
(2) If such statement is
					 not submitted by an employee, such value shall be equal to:
(i) twelve and one-half percent of the total
					 bookings of a driver operating a taxicab in cities with population of 100,000
					 or more and in the counties of Westchester, and Nassau;
(ii) nine dollars per week for a driver
					 operating a taxicab in localities other than those listed under subdivision (a)
					 of this section;
(iii) three and
					 one-half dollars for each round trip made by a driver of an automobile
					 operating between New York City and vicinity and the Catskill
					 mountains.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.8 - Tips of employees in barber shops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value of gratuities or tips received
					 by employees engaged by barber shops shall be determined as follows:
(1) Such value shall be equal to the amount
					 certified by each employee in a signed statement to his employer as received in
					 the form of gratuities or tips, which statement shall be retained by the
					 employer and submitted to the Department of Labor upon request.
(2) If such statement is not submitted by an
					 employee, such value shall be equal to:
(i)
					 fifteen percent of the cash wages received by a barber;
(ii) twenty-five percent of the cash wages
					 received by a manicurist;
(iii)
					 five cents with respect to each customer of the barber shop for employees
					 shining shoes or brushing and otherwise attending to customer's
					 clothes.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.9 - Tips of baggage porters in bus and airline terminals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value of gratuities or tips received
					 by employees engaged as baggage porters in bus or airline terminals shall be
					 established as follows:
(1) Such value shall
					 be equal to the amount certified by each employee in a signed statement to his
					 employer as received in the form of gratuities or tips, which statement shall
					 be retained by the employer and submitted to the Department of Labor upon
					 request.
(2) If such statement is
					 not submitted by an employee, such value shall be equal to:
(i) two dollars per day if the employee
					 worked as a baggage porter for at least seven hours on such day, or
(ii) thirty cents per hour during which the
					 employee worked as a baggage porter on any day in the course of which he did
					 not so work for at least seven hours.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.10 - Tips of pinboys at bowling alleys

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value of gratuities or tips received
					 by employees engaged as pinboys at bowling alleys shall be determined as
					 follows:
(1) Such value shall be equal to the
					 amount certified by each employee in a signed statement to his employer as
					 received in the form of gratuities or tips, which statement shall be retained
					 by the employer and submitted to the Department of Labor upon
					 request.
(2) If such statement is
					 not submitted by an employee, such value shall be equal to two cents per game
					 for which he sets up pins.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.11 - Tips for checkroom attendants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The value of gratuities or tips received
					 by employees engaged as checkroom attendants, provided they are not required to
					 remit such gratuities or tips to their employer, shall be determined as
					 follows:
(1) Such value shall be equal to the
					 amount certified by each employee in a signed statement to his employer as
					 received in the form of gratuities or tips, which statement shall be retained
					 by the employer and submitted to the Department of Labor upon
					 request.
(2) No gratuities or tips
					 shall be deemed received for the purpose of this section if such statement is
					 not submitted by an employee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 480 - Remuneration › Section 480.12 - Tips of maritime service employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 following definition of terms shall apply to this section:
(1) The term
vessel
means
					 any American vessel as that term is defined in the Interstate Maritime
					 Reciprocal Arrangements which is engaged in service as a passenger vessel as
					 such term is defined in the International Convention for Safety of Life at Sea,
					 1929.
(2) The term
maritime
					 service employee
means any person engaged aboard such vessel in any of
					 the following occupations:
(i)
					 Bartender.
(ii) Bellboy. The term
bellboy
includes bell captain and assistant bell
					 captain.
(iii) Deck steward. The
					 term
deck steward
includes chief deck steward.
(iv) Headwaiter. The term
headwaiter
includes stewards acting in the capacity of the
					 headwaiter. It does not include persons who act in a supervisory capacity only
					 and who do not as a matter of fact receive tips.
(v) Night steward. The term
night
					 steward
includes the chief night steward.
(vi) Room steward. The term
room
					 steward
includes the chief bedroom steward.
(vii) Salon steward. The term
salon
					 steward
includes lounge stewards, ballroom stewards, library stewards
					 and smoke room stewards but excludes public room stewards not customarily
					 engaged in serving passengers.
(viii) Stewardess. The term
stewardess
includes a child's nurse.
(ix) Waiter. The term
waiter
includes the salonman.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.1 - Statement of intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The intent
					 of section 599  of the Labor Law is to return the
					 unemployed worker to the labor market with the necessary skills required to
					 provide the claimant with the opportunity to secure employment of a
					 substantially equal or higher skill level than the claimant's past employment.
					 Subject to the availability of funds, additional unemployment insurance
					 benefits provided by section 599  of the Labor Law shall be paid to a
					 claimant who is in regular attendance at an approved career and related
					 training program and who has exhausted regular unemployment insurance benefits
					 and, if in effect, any other extended benefits, and provided that entitlement
					 to a new benefit claim cannot be established.
(b) In order to avoid the dissipation of
					 limited training funds, the Commissioner of Labor is exercising discretion not
					 to pay additional unemployment benefits based on protracted waiting periods of
					 more than six weeks before the claimant enters training. Accordingly, no more
					 than 12 weeks of additional unemployment insurance benefits will be paid based
					 on the effective days of regular benefits remaining between the time a claimant
					 is accepted in or demonstrates application for approved training and the date
					 the claimant begins such training.
(c) Approval to receive additional benefits
					 while attending approved career and related training is subject to the
					 availability of funds. The Commissioner of Labor has established uniform
					 procedures for denying additional benefits to individuals when sufficient funds
					 are not available, and for payment of additional benefits prospectively in the
					 event additional funds become available at a later time.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions of terms shall apply to this
						Part:
(a) Approved means approved by
					 the Commissioner of Labor.
(b)
					 Career and related training means any training program clearly leading to the
					 qualifications or skills for a specific occupation, including but not limited
					 to basic education skills, occupational skills training and skills upgrading;
					 and consisting of one or more approved training courses or activities which
					 require attendance at training for at least 12 hours in each week and a
					 training period requiring not more than 24 months to complete.
(c) Competent and reliable agency means an
					 entity approved by the State Department of Education or other appropriate State
					 agency, or a provider of employment training services that has a record of
					 demonstrated effectiveness in providing such services under the auspices of a
					 government agency, or an established entity that provides satisfactory evidence
					 to the Commissioner of Labor that it is capable of providing a program of
					 career and related training.
(d) An
					 approved training course means one offered by a competent and reliable agency
					 and which:
(1) has a defined curriculum of
					 appropriate duration to impart the intended skills and knowledge;
(2) is taught by competent
					 instructors;
(3) uses appropriate
					 instructional materials and equipment, including a written description of the
					 skills and knowledge to be imparted and the hours devoted to instruction of
					 pertinent skills;
(4) is taught in
					 an appropriate training facility;
(5) requires tests for students to measure
					 their successful achievement of the competencies taught by the course or
					 training;
(6) will upgrade the
					 claimant's existing skill or train the claimant for an occupation likely to
					 lead to more regular long-term employment; and
(7) relates to an occupation or skill for
					 which there are, or are expected to be in the immediate future, reasonable
					 employment opportunities in the State.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.3 - Standards for approving career and related training

Current through Register Vol. 46, No. 28, July 10, 2024
Career and related training will be considered for
						approval if it is offered by a competent and reliable agency and will enhance
						the claimant's regular long-term employment opportunities or provide assistance
						where employment opportunities are or may be substantially impaired. The
						training need not consist of a single course or activity, nor even be given by
						a single agency, so long as the training is related to a single occupational
						goal.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.4 - Standards for approving an individual for career and related training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The course or
					 training will upgrade the claimant's existing skill or train the claimant for
					 an occupation likely to lead to more regular long-term employment.
(b) Employment opportunities for the claimant
					 are or may be substantially impaired because of:
(1) existing or prospective conditions of the
					 labor market in the locality or in the State or reduced opportunities for
					 employment in the claimant's occupation or skill; or
(2) technological change, plant closing or
					 plant removal, discontinuance of specific plant operations, or similar reasons;
					 or
(3) limited opportunities for
					 employment throughout the year due to the seasonal nature of the industry in
					 which the claimant is customarily employed; or
(4) the claimant's personal traits such as
					 physical or mental handicap.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.5 - Additional factors for exercising discretion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may exercise discretion
					 to consider other relevant factors for disapproving training in order to
					 prevent inappropriate use of unemployment insurance funds such as the claimant
					 does not demonstrate that he or she is achieving the competencies being taught.
					 For good cause shown, the commissioner may waive a standard not required by
					 statute in order to approve training. In order to establish good cause, the
					 applicant for a waiver must demonstrate that compliance with the regulation is
					 impossible or would cause extreme hardship to an applicant, and present
					 convincing evidence that participation in proposed training is likely to lead
					 to long-term employment even though the training does not meet the regulatory
					 standards.
(b) A claimant attending
					 an approved training course or program under this section may receive
					 additional benefits of up to 104 effective days following exhaustion of regular
					 and, if in effect, any other extended benefits, provided that entitlement to a
					 new benefit claim cannot be established. Certification of continued
					 satisfactory participation and progress in such training course or program must
					 be submitted to the commissioner prior to the payment of any such benefits. The
					 duration of such additional benefits shall in no case exceed twice the number
					 of effective days of regular benefits to which the claimant is entitled at the
					 time the claimant is accepted in, or demonstrates application for appropriate
					 training. In no event shall a claimant receive additional benefits for more
					 than 48 effective days based on the time elapsed between the date claimant is
					 accepted in or demonstrates application for appropriate training and the date
					 the claimant begins such training.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 2 - Rules of the Industrial Commissioner › Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law › Section 482.6 - Determining the availability of funds and payment of additional benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the
					 beginning of each program year, to the extent funds are available, the
					 commissioner will establish the priority for the payment of committed funds as
					 follows:
(1) the accrued obligations from the
					 prior program year for individuals who were previously approved for additional
					 benefits and who remain eligible to receive additional benefits;
(2) the amounts needed to pay prospective
					 additional benefits to otherwise eligible individuals who were previously not
					 paid additional benefits because funds were not available; and
(3) the amounts needed to pay new claimants
					 who are otherwise eligible for additional benefits.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.1 - Payments to persons in military services

Current through Register Vol. 46, No. 28, July 10, 2024
(Unemployment Insurance Law, §§517, 518). Any payments
						made by an employer voluntarily and without contractual obligation, to or in
						behalf of a person for periods during which such person performs military
						services in the armed forces of the United States or any State, do not
						constitute wages on which contributions are payable under the New York State
						Unemployment Insurance Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.2 - Status of pickets (unemployment insurance law, sections 511, 512, 517, 592)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All persons
					 engaged by a labor union for the purpose of picketing are employees of the
					 union provided remuneration is paid for such services. The fact that a person
					 so engaged for the purpose of picketing is a member of the union, is on strike,
					 or is or was an employee of the employer whose business is picketed does not
					 affect his status as an employee of the union.
(b) Payments made by labor unions to persons
					 performing picket services are not "remuneration" within the meaning of the
					 Unemployment Insurance Law:
(1) if they
					 represent reimbursement for expenses which are either separately accounted for
					 to the union by the person performing picket services or fixed in a reasonable
					 amount by agreement between the parties before the serv ices as a picket are
					 rendered, or
(2) if they represent
					 strike benefits. Strike benefits are payments made by a labor union, pursuant
					 to union rules and regulations, because of a strike, to its members
					 participating in the strike, to assist them financially during the strike,
					 provided such benefits are not conditioned in fact or in amount upon the
					 rendering of services during the strike.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.3 - Agricultural labor (unemployment insurance law, section 511, subd. 6, par. [a], cl. [4])

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Services as
					 an incident to farming operations.
(1) The
					 provision that services in "handling, planting, drying, packing, packaging,
					 processing, freezing, grading, storing, or delivering to storage or to market
					 or to a carrier for transportation to market" any agricultural or horticultural
					 commodity, are excluded from the definition of "employment" if performed as an
					 incident to farming operations, pertains to any such commodity, including
					 fruits and vegetables.
(2) Such
					 services can be an "incident to farming operations" only if performed by
					 employees of the producer of the commodity but irrespective of the location of
					 the point at which such performance takes place.
(3) In order than any such performance be
					 considered "an incident to farming operations" it must be definitely
					 established that production of agricultural or horticultural commodities is the
					 primary purpose in the over-all operations of the employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.4 - Day of work (unemployment insurance law, sections 522, 523)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A day, for
					 purposes of determining employment or unemployment, is the calendar day running
					 from midnight to midnight. If an employee begins a shift of work before
					 midnight of one calendar day and the shift continues through midnight into the
					 next calendar day, the day on which the shift began is the day of
					 employment.
(b) If an employee
					 works on a shift beginning before midnight and continues working beyond the end
					 of the shift but does not complete the succeeding shift and midnight occurs
					 during the first or succeeding shifts, only the day on which the first shift
					 began is a day of employment.
(c)
					 If an employee works for two successive shifts and midnight occurs during the
					 second of these shifts, only the day on which the first shift began is a day of
					 employment.
(d) If an employee
					 works for two or more complete shifts and midnight occurs during the first one
					 of these shifts, both the calendar day ending with that midnight and the
					 succeeding calendar day are days of employment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.5 - Total unemployment (unemployment insurance law, section 522)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Days of rest
					 and absence with pay. A claimant who is capable of and available for work is
					 totally unemployed on Sundays, holidays and other days of rest scheduled by his
					 employer, even if an employer-employee relationship exists on such days,
					 provided he does not work on such days and they are not days of paid vacation
					 or other paid leave.
(b)
					 Termination of employment if dismissal payment is made. An employee's
					 "employment" by an employer who has discharged him permanently or has laid him
					 off for an indefinite period (no date for his return to work having been
					 established) is terminated after the last day on which he was required to
					 report for work even if he receives payments from the employer in addition to
					 remuneration for the specific hours, days, weeks, or other periods during which
					 he performed actual services. This principle applies likewise if such payments
					 are made in lieu of paid vacation to which the employee is entitled or in lieu
					 of notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.6 - Personal or domestic service (unemployment insurance law, section 560, subd. 1)

Current through Register Vol. 46, No. 28, July 10, 2024
The term persons employed in personal or domestic service
						in private homes shall include all persons employed by an employer in his
						capacity as a house holder, as distinguished from persons employed by the
						employer in the pursuit of a trade, occupation, profession, enterprise, or
						avocation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter B - Unemployment Insurance › Article 3 - Administrative Interpretations › Part 490 - Administrative Interpretations › Section 490.7 - Tips of service employees serving catered or banquet meals (section 480.4, unemployment insurance law, section 517, subd. 1). [labor law, section 530]

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever an
					 employer and patron agree, under any of the conditions outlined in paragraphs
					 (1) through (3) of this subdivision, that a service employee serving catered or
					 banquet meals shall receive a specified amount or percentage called a gratuity,
					 tip or other similar designation, the aggregate of the wages and the gratuities
					 actually disbursed to the service employee by the employer shall constitute
					 remuneration as that term is defined by section 517 of the Unemployment
					 Insurance Law. No other gratuities shall be deemed to have been received:
(1) If there is an agreement between the
					 employer and the union having jurisdiction over the banquet waiters providing
					 that the service employees shall receive from the employer for each function a
					 fixed sum designated as "wages and tips" and the agreement prohibits any
					 soliciting of gratuities by waiters from patrons.
(2) If there is an agreement between the
					 employer and the union providing:
(i) that the
					 service employees shall receive from the employer an aggregate amount which
					 includes the payment at an agreed rate per hour and a sum designated as
					 "tips";
(ii) that the amount of
					 such tips by agreement shall represent a proportionate share or a stipulated
					 percentage of the patron's bill or a fixed amount per person;
(iii) that the agreement specifically
					 prohibits the solicitation of gratuities.
(3) If there is an agreement providing that
					 the service employee shall receive a specified amount for services performed
					 and a proportionate share of a total gratuity given by the patron to the
					 employer and there is no prohibition in the agreement against solicitation for
					 gratuities, but where in actual practice there is no solicitation because of
					 arrangements between the employer and the patron.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VIII - Division Of Labor And Management Practices › Subchapter A - Reports And Records › Part 550 - Labor And Management Improper Practices Act-rules And Regulations › Subpart 550-1 - Definitions › Section 550-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Act means article 20-A of the Labor
					 Law.
(b) Fiscal year means the
					 calendar year or other period of 12 consecutive calendar months on the basis of
					 which financial accounts are kept. Where a new fiscal year period is designated
					 prior to the expiration of a previously established fiscal year, the resultant
					 period of less than 12 consecutive calendar months and thereafter the newly
					 established fiscal year shall in that order each constitute a fiscal year. A
					 person or organization subject to the act for only a portion of his or its
					 fiscal year shall consider such portion as the entire fiscal year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VIII - Division Of Labor And Management Practices › Subchapter A - Reports And Records › Part 550 - Labor And Management Improper Practices Act-rules And Regulations › Subpart 550-2 - Financial Reports › Section 550-2.1 - Financial reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every labor
					 organization and employer organization shall make available to all of its
					 members within five months after the end of its fiscal year a copy of its
					 annual financial report. The report of a labor organization shall be in a form
					 similar to the form set forth in Appendix E, infra, and shall contain all of
					 the information listed in Appendix E, infra. The Industrial Commissioner shall
					 supply, on request, instructions for preparing the financial report. The report
					 of an employer organization shall be in a form similar to the form set forth in
					 Appendix F, infra, and shall contain all of the information listed in Appendix
					 F, infra.
(b) The president or
					 chief executive officer and the treasurer or chief financial officer of the
					 organization personally shall be responsible for the preparation of the
					 financial report, and both shall verify such report.
(c) If a labor organization is in trusteeship
					 the trustee or trustees shall be responsible for the preparation of the report
					 and shall verify such report.
(d)
					 In lieu of the form set forth in Appendix E, infra a labor organization may
					 make available to its members a copy of the report filed with the Federal
					 government under the provisions of the Labor-Management Reporting and
					 Disclosure Act.
(e) Every labor
					 organization and employer organization shall be under a duty to permit its
					 members for just cause to examine any books, records and accounts necessary to
					 verify the annual financial report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VIII - Division Of Labor And Management Practices › Subchapter A - Reports And Records › Part 550 - Labor And Management Improper Practices Act-rules And Regulations › Subpart 550-3 - Maintenance And Retention Of Records › Section 550-3.1 - By labor organization and employer organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every labor organization and employer
					 organization shall establish and maintain records which will provide in
					 sufficient detail the necessary basic information and data from which the
					 annual financial report may be verified, explained or clarified, and checked
					 for accuracy and completeness, and shall include, without limitation:
(1) Gross receipts
(i) the amount and date of each
					 receipt
(ii) the name of the source
					 of each receipt
(iii) the occasion
					 or reason for such receipt, e.g., assessments, dues, etc., together with
					 documentary verification of such information
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VIII - Division Of Labor And Management Practices › Subchapter A - Reports And Records › Part 550 - Labor And Management Improper Practices Act-rules And Regulations › Subpart 550-3 - Maintenance And Retention Of Records › Section 550-3.2 - By employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer subject to the act shall maintain detailed and accurate books and
					 records of account which shall include, without limitation:
(1) Bank statements
(2) Gross disbursements
(i) the amount and date of each
					 disbursement
(ii) the name of the
					 recipient of each disbursement
(iii) the purpose of each
					 disbursement
(3)
					 Cancelled checks
(4) Collective
					 bargaining agreements
(5) Payroll
					 sheets
(6) Petty cash
					 vouchers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VIII - Division Of Labor And Management Practices › Subchapter A - Reports And Records › Part 550 - Labor And Management Improper Practices Act-rules And Regulations › Subpart 550-3 - Maintenance And Retention Of Records › Section 550-3.3 - By labor relations consultant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every labor relations consultant shall
					 maintain detailed and accurate books and records of account which shall
					 include, without limitation:
(1) Gross
					 receipts
(i) the amount and date of each
					 receipt
(ii) the source of each
					 receipt
(iii) the occasion or
					 reason for each receipt
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth policies and procedures to promote
					 equality of opportunity in apprenticeship programs registered with the New York
					 State Department of Labor. These policies and procedures apply to the
					 recruitment and selection of apprentices, and to all conditions of employment
					 and training during apprenticeship. The procedures established provide for
					 review of apprenticeship programs, for registering of apprenticeship programs,
					 for processing complaints, and for deregistering noncomplying apprenticeship
					 programs. The purpose of this Part is to promote equality of opportunity in
					 apprenticeship by prohibiting discrimination based on age, race, color,
					 religion, national origin, sex, or disability or marital status in
					 apprenticeship programs, by requiring affirmative action to provide equal
					 opportunity in such apprenticeship programs, and by coordinating this Part with
					 other equal opportunity programs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Commissioner means the Commissioner of
				  Labor of the State of New York or a designated representative.
(b) Agency means the New York State
				  Department of Labor.
(c) Department
				  means the United States Department of Labor.
(d) Employer means any person or organization
				  employing an apprentice, whether or not the apprentice is enrolled with such
				  person or organization or with some other person or organization.
(e) Apprenticeship program means a program
				  registered by the commissioner and evidenced by a certificate of registration
				  as meeting the standards of the commissioner for apprenticeship.
(f) Sponsor means any person or organization
				  operating an apprenticeship program, irrespective of whether such person or
				  organization is an employer.
(g)
				  Disability shall mean disability as defined under the New York State Human
				  Rights Law.
(h) Apprenticeship
				  Council means the State Apprenticeship and Training Council established
				  pursuant to section 813  of the Labor Law.
(i) Labor market area means the principal
				  county or counties in which the apprenticeship program operates.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.3 - Authority to adopt state plan

Current through Register Vol. 46, No. 28, July 10, 2024
The authority for the implementation and adoption of this
					 Part affecting the registration of apprenticeship programs with the State of
					 New York is vested in the commissioner, under authority of section 811  of the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter A - Apprenticeship Training › Part 600 - Equal Employment Opportunity In Apprenticeship Training › Section 600.4 - Equal opportunity standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Obligation of sponsors. Each sponsor of
				  an apprenticeship program shall:
(1) recruit,
				  select, employ and train apprentices during their apprenticeship without
				  discrimination because of age, race, color, religion, national origin, sex,
				  disability or marital status;
(2)
				  uniformly apply rules and regulations concerning apprentices, including but not
				  limited to equality of wages, periodic advancement, promotion, assignment of
				  work, job performance, rotation among all work processes of the trade,
				  imposition of penalties or other disciplinary action, and all other aspects of
				  the apprenticeship program administration by the program sponsor;
(3) take affirmative action to provide equal
				  opportunity in apprenticeship, including adoption of an affirmative action plan
				  as required by this Part; and
(4)
				  not require any applicant to pay any application, processing, or other similar
				  fee unless approved by the department. In order to receive department approval,
				  such fees must:
(i) be shown through
				  documentation to not exceed actual costs;
(ii) include a well publicized procedure for
				  waiving the fee for applicants who are in financial need; and
(iii) not exceed $25 per applicant.