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Bill > S2160


NJ S2160

NJ S2160
Concerns unemployment compensation and labor disputes.


summary

Introduced
05/05/2016
In Committee
09/15/2016
Crossed Over
08/01/2016
Passed
09/29/2016
Dead

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill permits the payment of unemployment insurance (UI) benefits during labor disputes under certain specified conditions. The bill provides that, for any claim for a period of unemployment commencing on or after April 10, 2016: 1. A claimant is not disqualified because of a labor dispute if the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the claimant, including a collective bargaining agreement with a union representing the claimant, or a State or federal law pertaining to hours, wages, or other conditions of work; and 2. If the unemployment of a claimant is caused by a labor dispute, including a strike or other concerted employee activities, but not by a lockout or a labor dispute caused by the employer non-compliance indicated by the bill, the claimant shall not be provided benefits during the first 30 days following the commencement of the labor dispute, except that the waiting period shall not apply if the employer hires a permanent replacement worker for the claimant's position. A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the claimant will be permitted to return to his or her prior position upon conclusion of the dispute. If the employer does not permit the return, the claimant shall be entitled to recover any benefits lost as a result of the 30 day waiting period before receiving benefits, and the department may impose a penalty upon the employer of up to $750 per employee per week of benefits lost, to be paid into the unemployment compensation auxiliary fund.

AI Summary

This bill permits the payment of unemployment insurance (UI) benefits during labor disputes under certain specified conditions. The bill provides that for any claim for a period of unemployment commencing on or after April 10, 2016: 1) a claimant is not disqualified from receiving UI benefits due to a labor dispute if the dispute is caused by the failure or refusal of the employer to comply with an agreement or contract, including a collective bargaining agreement, or a state or federal law pertaining to hours, wages, or other conditions of work; and 2) if the unemployment is caused by a labor dispute, including a strike or other concerted employee activities, but not by a lockout or employer non-compliance, the claimant shall not be provided benefits for the first 30 days, except that the waiting period shall not apply if the employer hires a permanent replacement worker, and the claimant can recover any lost benefits and the employer may face a penalty if the employer does not allow the claimant to return to their prior position upon conclusion of the dispute.

Committee Categories

Labor and Employment

Sponsors (18)

Last Action

Conditional Veto, Received in the Senate (on 11/14/2016)

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