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Navigating NY's New Mandate: Understanding Unemployment Notification Requirements

November 01, 2023

Written by Complete Payroll

Navigating NYs New Mandate Understanding Unemployment Notification Requirements 2

There've been some updates involving notice of unemployment rights in New York for 2023.

Employers in the state will soon have some new obligations when cutting staff or reducing hours at work. Under newly passed New York unemployment notification requirements, bosses now need to provide written notice of an employee's rights when there are significant changes in their employment status. Gov. Hochul's expected to sign the unemployment law. Here's what you need to know for Assembly Bill 398 compliance.

Who must receive notice?

Under Assembly Bill 398, written notice must go out to any employee whose position is terminated or who has a reduction in their scheduled work hours.

If the employee is the one asking for time off, though, the requirement is not triggered. This can include a leave of absence, vacation, parental leave, personal leave, or any other type of paid or unpaid leave.

What information do you need to provide?

You'll need to send written notice that informs employees of their unemployment rights. This includes a right to file for unemployment benefits if they lose their jobs or lose scheduled hours.

The Department of Labor will provide forms with space for all the relevant information. This includes the employer's name and registration number, as well as an address for the employer that can be used to request pay and employment info. You can also use your own form if it is approved by the DOL.

What events can trigger the notice?

You'll need to provide this written notice within five days of terminating someone's employment or cutting their scheduled hours.

As an example, take an employee you've been scheduling for 40 hours a week. It's slow season, so you want to cut their hours to 30. You'll need to give them written notice that they can file for partial unemployment for the 10 hours a week they're losing. This is required any time the change is permanent or indefinite.

If the employee is the one asking for fewer hours or some time off work, you don't need to fill out the form. It's only for changes in hours or employment coming from your end.

The good news is that most employers are doing this already, so nothing is really changing. Assembly Bill 398 formalizes requirements that already existed under NYSDOL rules. The law just makes it clear what is expected to stay in compliance.

Hochul is likely to sign the bill into law soon. After it becomes law, employers have 60 days until the new formalized requirement takes effect.

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

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