reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 463 - Appeal To Appeal Board › Section 463.3 - Board hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any party
				  on the appeal may make application for a hearing before the board, setting
				  forth the reasons therefor.
(b) At
				  any hearing granted or directed by the board, the board may limit the parties
				  to oral arguments or, in its discretion, may permit the calling of witnesses or
				  the introduction of further evidence. Any party on the appeal may appear in
				  person or be represented by an attorney or agent to present argument or further
				  evidence. On its own motion, the board may require such appearances as it deems
				  necessary. Within the limits set by the board when it determines to permit the
				  calling of witnesses or the introduction of further evidence, all parties and
				  their attorney or agent shall have the right to call, examine and cross-examine
				  parties and witnesses, and shall have the right to offer relevant documents,
				  records and other evidence which the board may only accept into the record
				  pursuant to the provisions of section
				  463.2  of this
				  Title or subdivision (c) of this section. Parties, or their attorney or agent,
				  shall have the right, within the purposes of the hearing set by the board, to
				  request that subpoenas be issued to compel the appearance of relevant witnesses
				  or the production of relevant documents, records or other evidence. They have
				  the right to request an adjournment of the hearing for good cause shown.
				  Translation services shall be provided to parties in accordance with
				  established legal requirements. During the conduct of the hearing, in
				  accordance with established legal requirements, there shall be a translation of
				  the entire proceeding and of all relevant parts of documents introduced into
				  evidence. At the end of the hearing, and within the limits set by the board in
				  determining the purpose of the hearing, each party has the right to make a
				  relevant statement to explain or clarify relevant points which may not have
				  been adequately developed during the hearing.
(c) The board shall consider and rely on only
				  the evidence introduced at some hearing and those facts and law of which
				  official notice has been taken. Official notice may be taken only in situations
				  in which judicial notice might be taken in a court proceeding and in the same
				  manner. The board shall not consider, rely on, or refer to any document which
				  has not been:
(1) identified, with stated
				  opportunity for any party to examine the document and comment, on the record;
				  and
(2) accepted for the record
				  during some hearing before the board or an administrative law judge.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 463 - Appeal To Appeal Board › Section 463.4 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The notice
				  of hearing shall state the date, time, place and purpose of the hearing and
				  shall be sent to the party appealing, to all other parties affected and to the
				  commissioner at least five days before the date of hearing.
(b) In the event that an attorney-at-law, or
				  a representative-at-law files with the board a notice of appeal on behalf of
				  any party, or appears at a board hearing on behalf of a party, or submits a
				  brief or memorandum or statement on behalf of any party or files with the board
				  written notice that he appears for any person who is involved as a party in a
				  case or proceeding pending before the board, copies of all subsequent written
				  communications or notices sent to such party therein (other than subpoenas)
				  shall be sent, at the same time, to such attorney-at-law, or
				  representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 463 - Appeal To Appeal Board › Section 463.5 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an investigation, inquiry, payroll audit or other
					 examination is necessary in deciding a case, the board, upon notice to all
					 parties, may request such investigation, inquiry, payroll audit or other
					 examination to be made and thereupon shall direct that a hearing be held. A
					 hearing may be adjourned pending receipt of the report of such investigation,
					 inquiry, audit or examination. The provisions of section
					 463.2(g) 
					 of this Part shall apply to such report. All parties shall have the right to
					 call, examine and cross- examine other parties and witnesses with regard to
					 such report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 464 - Appeal Board Decision › Section 464.1 - Rendition, content and revision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board shall render its decision in
				  writing promptly. Where the decision is not unanimous, the majority shall
				  control. The board may affirm or reverse, wholly or in part, or may modify the
				  appealed decision or may make such order, decision or determination as may be
				  necessary. The decision shall contain a statement of the issues, the findings
				  of fact, the conclusions and the reasons therefor.
(b) On its own motion or on application duly
				  made to it, the board may revise or resettle its order, decision or
				  determination as it deems necessary.
(c) The decision of the board shall be
				  accompanied by a notice of the right to appeal therefrom to the Appellate
				  Division of the Supreme Court, Third Department, pursuant to section 624 of the
				  law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 464 - Appeal Board Decision › Section 464.2 - Transmittal and filing

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of all decisions and of all revisions thereof shall
					 be sent promptly to all parties. Copies of the board decisions shall be filed
					 in the department at a place designated by the commissioner and copies shall be
					 kept on file at the board offices. Such decisions shall be open to the public
					 for inspection, but without revealing the names or other identifying
					 information of any of the parties or witnesses involved.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
There is a strong public policy in this State for public
					 access to judicial and administrative proceedings. The records in the case
					 files of the board and of its administrative law judge sections shall be made
					 available for inspection in accordance with the provisions of this
					 Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.2 - Access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  executive secretary is designated as the records access officer for all
				  records. The records access officer shall maintain an office for access at the
				  principal place of business of the board, and has discretionary authority to
				  establish such other offices or such other places or locations as deemed
				  appropriate to provide access to records for inspection.
(b) The records access officer is responsible
				  for coordinating the response to requests for access to records and for
				  assuring that agency personnel:
(1) maintain
				  an up-to-date subject matter list;
(2) assist the requester in identifying
				  requested records, if necessary;
(3) upon locating the records, take one of
				  the following actions:
(i) make records
				  available for inspection; or
(ii)
				  deny access to the records in whole or in part and explain in writing the
				  reasons therefor;
(4)
				  upon request for copies of records:
(i) make
				  a copy available upon payment or offer to pay established fees, if any;
				  or
(ii) permit the requester to
				  copy those records, provided that this does not jeopardize the preservation and
				  safekeeping of the records;
(5) upon request, certify that a transcript
				  or photocopy is a true copy of a record in the files of the board;
				  and
(6) upon failure to locate
				  records, certify that:
(i) the board is not
				  the custodian for such records; or
(ii) the records of which the board is a
				  custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.3 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  reasonably detailed current list, by subject matter, of all records in the
				  posession of the board shall be maintained, whether or not available for public
				  inspection and copying pursuant to the Freedom of Information Law.
(b) The subject matter list shall be
				  sufficiently detailed to permit identification of the category of the record
				  sought.
(c) The subject matter list
				  shall be updated not less than twice per year. The most recent update shall
				  appear on the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.4 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  no fee charged for:
(1) inspection of records
				  or emailing of records;
(2) search
				  for record; or
(3) any
				  certification under this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.5 - Hours

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for access to case files shall be accepted and
					 files produced between 9 a.m. and 4 p.m. on regular business days on which the
					 Department of Labor offices are open.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.6 - Access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				  shall be available to the public, subject to the limitations set forth in this
				  Part. Requests for access to records shall be in writing.
(b) The records access officer has the
				  discretion to designate the office of the administrative assistant or any other
				  offices as the appropriate place at which requests for access to records may be
				  made.
(c) The request for access to
				  records should be sufficiently detailed to identify the record. Where possible,
				  the requester should supply the case number assigned to the file which contains
				  the record.
(d) The records access
				  officer shall respond to a request for access to a record within five business
				  days after receipt of the request. If, for any reason, more than five business
				  days are required to respond to such a request, receipt of the request shall be
				  acknowledged within five business days. The acknowledgement shall state an
				  estimate of the date when a reply will be made. When the requested record is
				  available for access, the records access officer shall so advise the
				  requester.
(e) Other than hearing
				  transcripts, no part of a case file may be removed by the requester from the
				  location where access is granted unless the records access officer has
				  determined that such removal does not jeopardize the preservation and
				  safekeeping of the record. Hearing transcripts may be removed subject to such
				  conditions as the records access officer may, from time to time,
				  establish.
(f) When a record is
				  made available for access, the requester shall be required to sign an
				  acknowledgement that access was granted within any closure or confidentiality
				  rulings which have been established.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.7 - Denial of access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The denial
				  of access to records shall be in writing, setting forth the reason for such
				  denial and advising the requester of the right of appeal to the chairman of the
				  board.
(b) If no response is made
				  to a request for records within five business days after its receipt, the
				  request shall be deemed to have been denied. If access to records is neither
				  granted nor denied within 10 business days after the date of acknowledgement of
				  receipt of a request, this may be construed as a denial of access that may be
				  appealed.
(c) Any person denied
				  access to a record may appeal within 30 days of a denial. Such appeals shall be
				  decided by the chairman of the board or such other members of the board as may,
				  from time to time, be designated.
(d) The time for deciding an appeal from
				  denial of access shall commence upon receipt of a written appeal which shall
				  include:
(1) the date of the appeal;
(2) the date of the request for the
				  record;
(3) the case number last
				  assigned to the file which contains the record;
(4) a statement of whether the denial of
				  access was in writing or by failure to provide the record promptly, as required
				  by this Part; and
(5) the name and
				  address of the requester.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.8 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice shall be posted at the public reception area of
					 the board and of each of the principal offices of its administrative law judge
					 sections. The notice shall contain:
(a) the job title, business address and
				  business telephone number of the records access officer; and
(b) the principal location where records may
				  be seen.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 465 - Public Access To Records › Section 465.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or of the application thereof
					 to any person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons and
					 circumstances.
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 470 - General Provisions › Section 470.1 - Superseded regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 and every rule and regulation promulgated by the Industrial Commissioner and
					 effective before June 5, 1944 is superseded by the regulations promulgated and
					 effective beginning with such date.
(b) Rules and regulations which were in
					 effect before June 5, 1944 and which are superseded in accordance with
					 subdivision (a) of this section shall continue to govern employers' and
					 employees' rights and obligations for the period preceding such date.
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 470 - General Provisions › Section 470.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payroll
					 period means that period of time for which an employer customarily makes a
					 single payment of remuneration to all or a group or groups of his
					 employees.
(b)
(1) For all purposes except the computation
					 of a claimant's average weekly wage, remuneration earned, whether or not paid,
					 shall be deemed "paid":
(i) as of the day or
					 the first of several days on which amounts definitely assignable to a payroll
					 period are generally paid by the employer;
(ii) as of the day when both the amount and
					 the liability of the employer for payment thereof have been unconditionally
					 established if the remuneration is not definitely assignable to a payroll
					 period;
(iii) with respect to
					 remuneration paid pursuant to an order of a competent tribunal or an agreement
					 between an employer and his employees or their respective representatives
					 following negotiations, a dispute or disagreement with respect to the amount or
					 liability for remuneration, as of the date of said order or agreement, or the
					 date, if any prescribed therein for payment.
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 470 - General Provisions › Section 470.3 - Value of gratuities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 value of gratuities under section 517 of the Unemployment Insurance Law may be
					 determined and established by rules promulgated by the Industrial Commissioner
					 in the following manner:
(1) Public hearings
					 with respect to which notice as to time, place and purpose has been given at
					 least 20 days prior to the date of each such hearing shall be held in regard to
					 such rules.
(2) Such rules shall be
					 filed in the offices of the Industrial Commissioner and the Secretary of State
					 and published within 30 days of the date of filing in the office of the
					 Secretary of State. The public announcement shall indicate the date of filing
					 in the office of the Secretary of State and such rules shall become effective
					 30 days after such filing unless otherwise specified therein.
(3) Notices pursuant to paragraph (1) above
					 and announcements pursuant to paragraph (2) above shall be made in such manner
					 as the Industrial Commissioner deems expedient for the purpose of giving due
					 notice to all reasonably interested parties.
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 470 - General Provisions › Section 470.4 - Overpaid unemployment insurance benefits

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Labor shall, as provided for in
						section 18  of the State Finance Law, waive the
						assessment of interest and late charges on debts owed which occurred as a
						result of overpayment of unemployment insurance benefits.
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 470 - General Provisions › Section 470.5 - Setoff against unemployment insurance benefits

Current through Register Vol. 46, No. 28, July 10, 2024
Established and outstanding overpaid unemployment
						insurance benefits shall be collected from a claimant's weekly benefit award as
						a setoff.
(a) Priority of liquidation.
					 In the event that more than one overpayment is established against an
					 individual claimant, setoff amounts will be debited to such overpayments in
					 chronological order.
(b) Willful
					 overpayment. A setoff of 100 percent of the weekly benefit amount will apply to
					 one or more established and outstanding overpayments attributable to an
					 individual claimant so long as at least one of such overpayments is determined
					 to have been willful.
(c)
					 Non-willful overpayment. A setoff of 50 percent of the weekly benefit amount
					 will apply to one or more established and outstanding overpayments attributable
					 to an individual claimant so long as none of such overpayments are determined
					 to have been willful.
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 471 - Coverage › Section 471.1 - Election to cover residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 election by an employer pursuant to and in accordance with subdivision 2 of
					 section 561 of the Unemployment Insurance Law may be filed only by an employer
					 liable for contributions under the law. The approval of such an election is
					 subject to the conditions:
(1) that a
					 separate election in writing on a form furnished by the Department of Labor be
					 filed with respect to each employee; and
(2) that the services of the employee for the
					 employer are deemed employment subject to the law beginning with the effective
					 date prescribed in subdivision (b) of this section and will continue to be
					 deemed such employment until:
(i) the
					 employee ceases to be a resident of New York; or
(ii) contributions are required with respect
					 to the employee's services for the employer on a compulsory basis under the
					 unemployment compensation law of any other state or of the Federal
					 government.
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 471 - Coverage › Section 471.2 - Application to cease to be liable for contributions

Current through Register Vol. 46, No. 28, July 10, 2024
An employer who, pursuant to section 562 of the
						Unemployment Insurance Law, is entitled to cease to be liable for contributions
						upon application to the Industrial Commissioner, shall notify the Department of
						Labor in writing stating that he wishes to cease to be liable for contributions
						under the Unemployment Insurance Law, specifying that he did not pay
						remuneration of $300 or more in any quarter during the period specified by
						statute with respect to persons other than persons employed in personal or
						domestic service in private homes or, if the application relates to persons
						employed in personal or domestic service in private homes, that he did not pay
						remuneration in cash of $500 or more with respect to such persons during such
						period, and indicating the place in which his payroll records will be preserved
						in accordance with section
						472.2 
						of this Title.
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 471 - Coverage › Section 471.3 - Reimbursement election by governmental entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A governmental entity liable for
					 contributions which elects to become liable for payments in lieu of
					 contributions shall file written notice of such election in such manner and on
					 such forms as the Department of Labor may request.
(1) Such notice shall be filed before the
					 beginning of the calendar year to which the election applies. However, if the
					 governmental entity was not liable in the preceding calendar year, or became
					 liable for contributions after the beginning of the calendar year, the notice
					 shall be filed not later than 30 days after the end of the calendar quarter in
					 which it first became liable.
(2)
					 If a group of governmental entities elect jointly to become liable for payments
					 in lieu of contributions, the notice shall be signed by all members of the
					 group and shall designate one of the members as agent for the others in
					 relation to the group election.
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 471 - Coverage › Section 471.4 - Reimbursement election by nonprofit organizations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nonprofit organization liable for
					 contributions which may elect to become liable for payments in lieu of
					 contributions shall file written notice of such election in such manner and on
					 such forms as the Department of Labor may request.
(1) Such notice shall be filed before the
					 beginning of the calendar year to which the election applies. However, if the
					 nonprofit organization became liable for contributions after the beginning of
					 the calendar year, the notice shall be filed not later than 30 days after the
					 end of that calendar quarter in such calendar year in which the event rendering
					 it liable occurred.
(2) If a group
					 of nonprofit organizations elect jointly to become liable for payments in lieu
					 of contributions, the notice shall be signed by all members of the group and
					 shall designate one of the members as agent for the others in relation to the
					 group election.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.1 - Status report

Current through Register Vol. 46, No. 28, July 10, 2024
An employer upon becoming liable for contributions under
						the Unemployment Insurance Law, shall submit a status report on forms furnished
						for this purpose by the Department of Labor and in accordance with instructions
						printed thereon.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.2 - Employer records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer employing persons within New York State shall establish, maintain and
					 preserve, for not less than three years, records with respect to his employees
					 which shall show:
(1) for each payroll
					 period:
(i) the beginning and ending date of
					 such period;
(ii) the total amount
					 of remuneration paid by the employer for such period as set forth in section
					 470.2(b)(1) 
					 of this Title;
(iii) the total
					 amount of remuneration paid during such period as set forth in section
					 470.2(b)(2) 
					 of this Title;
(iv) the total
					 amount of compensation on which contributions are due under the New York
					 Unemployment Insurance Law solely because the employer is liable for a tax on
					 such compensation under the Federal Unemployment Tax Act;
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.4 - Reports of remuneration and employment

Current through Register Vol. 46, No. 28, July 10, 2024
[Labor Law, §563 ]
(a) Any employer liable for contributions
					 under the Unemployment Insurance Law may be designated by the industrial
					 commissioner as an employer required to file periodic reports of remuneration
					 and employment. Such employer shall report, in accordance with instructions
					 issued by the commissioner, any or all of the following with respect to
					 employment in the period covered by the report:
(1) the name and social security account
					 number of each employee who did some work for him;
(2) the remuneration paid by him to each
					 employee;
(3) the number of weeks
					 of employment of each employee; and
(4) the number of weeks of employment of each
					 employee in which he earned less than $40, and his total earnings for such
					 weeks.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.5 - Employees' social security account numbers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer shall ascertain the Federal
					 social security account number of each employee employed by him, list such
					 number on his records in accordance with section
					 472.1  of
					 this Part, and include it in his reports to be submitted pursuant to sections
					 472.3
					 and
					 472.12 
					 of this Part.
(b) An employee shall
					 report his Federal social security account number to every employer by whom he
					 is employed.
(c) An employer shall
					 inform each employee who has not secured an account number that an application
					 for such number must be filed on or before the seventh day after the date on
					 which the employee first performs services in employment, except that the
					 application shall be filed on or before the date the employment is terminated
					 if such date precedes such seventh day.
(d) An employer shall inform his employee in
					 instances in which the information is pertinent that he should apply at a field
					 office of the Social Security Board with respect to replacement of a lost
					 Federal social security account number card, changes of the number desired by
					 the employee, required changes of name because of marriage or otherwise, or
					 corrections of any inaccurate information given when applying for a social
					 security account number.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.6 - Transfers of accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 employer who, subsequent to July 1, 1951, acquires the organization, trade or
					 business, in whole or in part, of an employer liable for contributions shall
					 report such fact, in writing, together with the date of acquisition and the
					 name and other identification of the transferring employer. If only a part of
					 the organization, trade or business is transferred, experience rating charges
					 based on benefits paid to former employees of the transferring employer shall
					 be debited to the account of the transferee.
(b) If only a part of the organization, trade
					 or business is transferred, the transfer ring employer's account, including its
					 balance and all other aspects of its experience under the Unemployment
					 Insurance Law, shall be allocated in proportion to the payroll assignable to
					 the transferred part during the last 12 completed calendar quarters prior to
					 the date of transfer except that the allocation shall be made in proportion to
					 the number of employees assignable to the transferred part in the following
					 cases:
(1) if the transferred part of the
					 organization, trade or business was not in existence for 12 completed calendar
					 quarters prior to the date of transfer;
(2) if the transferring employer and the
					 transferee join in a request to allocate in accordance with the number of
					 employees, and demonstrate that allocation in accordance with payroll would be
					 inequitable.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.7 - Posting of notice for employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every employer liable for contributions
					 under the Unemployment Insurance Law, except employers of employees in personal
					 or domestic service, shall post and maintain notices furnished by the
					 Department of Labor indicating that he is registered with the department. Every
					 employer liable for contributions with respect to employees in personal or
					 domestic service shall inform each such employee of the fact that the employer
					 is registered with the department.
(b) Notices must be posted conspicuously in
					 easily accessible places customarily frequented by the employees and at or near
					 each location where the employees' services are performed.
(c) An employer who is not liable for
					 contributions under the law or who has ceased to be liable for for
					 contributions is not permitted to display such notices and must remove them if
					 on display.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.8 - Notice upon separation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer liable for contributions shall inform each employee of his right to
					 file an application for unemployment benefits with a field office of the
					 Department of Labor. Such information shall be given at the time of each
					 separation from his service if such separation is permanent or for an
					 indefinite period. In case of temporary separation or any other interruption of
					 continued services, such information shall be given only if the employer
					 believes that it may result in more than three days of unemployment in any
					 statutory week for which the employee's compensation does not exceed the amount
					 set forth in section 523 of the Unemployment Insurance Law. Such notice shall
					 be given in writing on a form furnished or approved the Department of Labor and
					 shall include:
(1) the employer's name and
					 registration number;
(2) the
					 address of the employer to which a request for remuneration and employment
					 information with respect to such employee must be directed;
(3) a statement advising the employee that he
					 should have the form in his possession if and when he reports to an insurance
					 office of the Department of Labor for the purpose of filing an application for
					 benefits; and
(4) such other
					 information as is required by the commissioner.
Such notice need not be given if the employer's pay
						vouchers, envelopes or pay check stubs furnished to employees contain the
						information and statement required by paragraphs (1), (2) and (3) of this
						subdivision.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.9 - Payment of contributions and reports in regard to seamen's remuneration paid under shipping articles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose of this section, the term
					 pay period established by shipping articles means the period of a voyage or
					 engagement of the crew of a vessel under "Articles of Agreement" pursuant to
					 title 46 of the United States Code. This section shall not apply to
					 remuneration payable on fixed pay days for regularly recurrent payroll periods
					 which are not longer than one month.
(b) Notwithstanding any other provisions of
					 sections
					 470.2,
					 472.2
					 and
					 472.3 
					 of this Title, all reports required thereunder with respect to remuneration and
					 wages including advances, allotments, and payment in kind, such as board and
					 lodging, paid in any pay period established by shipping articles shall be
					 submitted as of the calendar quarter in which any such remuneration in cash was
					 actually paid or such remuneration in kind was furnished.
(c) Reports required under subdivision (b) of
					 this section together with contributions due thereon need not be submitted
					 prior to the time when reports regarding remuneration paid at the termination
					 of such pay period must be filed. However, separate reports must in that event
					 be filed for each calendar quarter involved during which remuneration in cash
					 was paid and remuneration in kind furnished.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.10 - Apportionment of remuneration, vacation payments or allowances in connection with experience rating

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request
					 pursuant to section 581 
					 of the Labor Law for the apportionment of remuneration paid in the form of
					 annual bonuses or other lump sum payments shall be made in writing to the
					 Department of Labor on or before October 1 next following the fiscal year
					 during which such remuneration was paid. The request shall state the total
					 amount of such remuneration paid during each calendar quarter of such fiscal
					 year for services performed over a period or more than three months.
(b) A request pursuant to section 581 
					 of the Labor Law for the apportionment of remuneration paid regularly on a
					 biweekly basis shall be made in writing to the Department of Labor on or before
					 October 1st next following the fiscal year during which such remuneration was
					 paid. The request shall state the total amount of such remuneration in excess
					 of six biweekly payments so paid during each calendar quarter of the fiscal
					 year.
(c) A request pursuant to
					 section 581 
					 of the Labor Law for the apportionment of vacation payments or allowances made
					 in advance shall be made in writing to the Department of Labor on or before
					 October 1st next following the fiscal year during which such payments or
					 allowances were paid. The request shall state the dates and the applicable
					 amounts of vacation payments or allowances made in advance and shall set forth
					 the dates, with the applicable amounts, when remuneration covering the vacation
					 periods would have been paid in the usual course of business for work actually
					 performed.
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 472 - Contributions To State Unemployment Insurance Fund › Section 472.11 - Transfer of out-of-state experience

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer who has transferred
					 operations from another state to this State and invokes the provisions of
					 subdivision 5 of section 581 of the Unemployment Insurance Law as of an
					 effective date, must:
(1) give written notice
					 of such transfer prior to the computation date; such notice must specify the
					 nature of the transferred operations and identify the state in which they were
					 previously performed;
(2) furnish,
					 prior to the effective date, for the calendar year in which that date occurs
					 and the three preceding calendar years, all information which the commissioner
					 requires to compute his experience rating;
(3) submit prior to each subsequent effective
					 date, all information which the commissioner requires relating to benefits paid
					 subsequent to the transfer and prior to the corresponding computation date on
					 the basis of wages paid in such other state.
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 473.1 - Filing of benefit claim

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Definitions. The following words and phrases when used in this Part shall have
					 the meanings given them in this section:
(1)
					 Subsequent claim means a claim during the benefit year which is filed if the
					 claim has lapsed because of intervention of any week in which no effective days
					 were accrued, or in which claimant failed to report, or in which claimant was
					 not eligible for benefits, or for other reasons.
(i) Additional claim means a subsequent claim
					 in which the lapse was due to employment.
(ii) Reopened claim means a subsequent claim
					 in which the lapse was for reasons other than employment.
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 473.2 - Certifying by benefit claimants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each claimant shall report and certify to
					 his/her unemployment during the seven-day period for such certification as
					 specified by the commissioner, following a statutory week in which the claimant
					 experienced more than three days of total unemployment and has not earned more
					 than the amount set forth in section 523 of the Unemployment Insurance Law and
					 at such other times as the commissioner may direct.
(b) Such certifications shall be made by
					 electronic certification unless permission or instructions are given to certify
					 by mail or in person or by other means the commissioner deems
					 appropriate.
(c) A claimant who
					 fails to certify for a benefit period within the seven-day period for such
					 certification shall not be eligible for that benefit period and claimant shall
					 not be eligible for future benefit periods until the claimant files a
					 subsequent claim in accordance with section
					 473.1  of
					 this Part.
(d) A claimant shall
					 notify the department when certifying for unemployment insurance of any change
					 of address and/or telephone number not later than the next time certification
					 is required after the change has occurred.
(e) The failure to certify in compliance with
					 this section may be excused by the commissioner upon proper presentation by the
					 claimant of the facts and circumstances if it is shown to the commissioner's
					 satisfaction that they constitute good cause.
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 473.3 - Reporting by benefit claimants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A claimant may be directed by the
					 Department of Labor to report to the office where the claim is on file, or to
					 any other office maintained by this department, or appropriate provider of
					 reemployment services in the area where the claimant resides, for any action in
					 connection with his or her claim or benefit or registration for
					 employment.
(b) A claimant who has
					 been directed to report in accordance with subdivision (a) of this section
					 shall report to that office on the days and hours specified. The claimant shall
					 present identification each time he or she reports.
(c) A claimant shall comply with a request
					 for information in such manner as required by the commissioner.
(d) A claimant may not receive credit for any
					 period of unemployment from the day on which a failure to report occurred until
					 he or she reports to that office and complies with such reporting
					 requirements.
(e) A claimant who
					 reports in accordance with this section shall also continue to certify in
					 accordance with section
					 473.2 
					 of this Part.
(f) The failure to
					 report to an office in compliance with this regulation may be excused by the
					 commissioner upon proper presentation by the claimant of the facts and
					 circumstances, if it is shown to the commissioner's satisfaction that they
					 constitute good cause.