On September 14, 2023, Gov. Kathy Hochul signed a Bill (S. 4878-A/A. 398A) which amended Section 590 of New York Labor Laws.
Here is what employers need to know regarding the updates around unemployment benefits notices.
As a result of the new bill, New York employers must provide a written notice of eligibility for unemployment benefits to any employee who has been:
This amendment is intended to further protect workers’ rights by allowing them to know they may be eligible for unemployment insurance.
Moreover, employers are disincentivized from informing employees about their eligibility as their unemployment insurance payments may increase when employees or former employees file for unemployment assistance.
Employers that are required to provide a written notice of unemployment benefits to employees in New York should also be aware of the state unemployment insurance (SUI) rates and how these might affect their business.
The notice must be given in writing and include the employer’s:
Please note that the current Unemployment Insurance notice (form IA12.3) is approved by the New York State Department of Labor and can be used in these circumstances.
Additionally, a notice of your registration with New York State Unemployment Insurance Law should be posted “conspicuously” in your workplace.
It is important to be aware of the requirements in New York to avoid hefty New York Labor Law Penalties and Fines. Employers should also note any other requirements around termination, such as New York Final Paycheck Law.
Here are some basic forms and documents employers need regarding unemployment insurance in New York:
It is a legal requirement that employers provide written notice informing employees of their right to apply for unemployment benefits when certain employment changes occur.
The updated requirements took effect in November 2023 following amendments to New York Labor Law Section 590.
The law was expanded to ensure employees are aware of their potential eligibility for unemployment benefits, especially in cases of reduced hours or temporary interruptions in employment.
Employers must provide notice when an employee is terminated, laid off, has reduced hours, or experiences any interruption in employment that results in total or partial unemployment.
Yes, the requirement includes temporary separations and reductions in hours that may qualify employees for partial unemployment benefits.
Ensuring compliance with New York unemployment insurance is an important step for employers operating a business in New York.
While it can get complicated, reaching out to a New York HR outsourcing company can be of great assistance.
To learn more about how EBC can help employers with compliance and posting requirements, contact us today.