Effective November 13, 2023, New York’s Labor Law (NYLL) related to notice of eligibility for unemployment benefits (Record of Employment – IA 12.3) is amended.
For background, employers have been required to provide employees with a written notice of eligibility for unemployment benefits upon separation of employment including layoffs/reductions in force under 12 N.Y.C.R.R. § 472.8 of the Unemployment Insurance New York Codes, Rules and Regulations. However, this amendment will also make it a requirement to provide this notice under the NYLL. Of note, this law will also require employers to provide employees with written notice of their right to file for unemployment benefits due to a reduction in hours that would result in them being eligible for unemployment benefits.
To be eligible for unemployment benefits due to a reduction in hours an employee’s hours must have been reduced to less than their normal work hours through no fault of their own, and they must work 30 or fewer hours in a week and must earn $504 or less in a week. Benefits are calculated based on the employee’s total hours of work for the week.
Next Steps
Employers should revise internal procedures to ensure this notice is provided to employees whose hours are reduced, as well as to all employees who separate employment, regardless of the reason or duration of the separation.
