On September 14, 2023, Governor Hochul signed into law a bill amending Section 590 of the New York Labor Law. The amendment requires employers to provide written notice to certain categories of employees about their eligibility to file for unemployment benefits.
A notice concerning unemployment benefits eligibility must be provided to employees whenever there is a permanent or indefinite separation from employment, reduction in hours, temporary separation, or any interruption of continued employment that results in total or partial loss of employment. Employers are required to provide the written notice to such employees no later than five working days after termination or the qualifying reduction in working hours. In addition to informing employees about their eligibility for unemployment benefits, employers must continue to comply with Section 195(6) of the Labor Law, which requires employers to notify terminated employees, in writing, of the exact date of their termination of employment and cancellation of any employee benefits associated with the termination.
This legislation will take effect on November 13, 2023. Failure to comply with these new notice requirements can result in legal repercussions and potential fines. Employers should be prepared to promptly incorporate such notice into their termination/reduction process.
