New York Employers Now Required to Notify Employees of UI Benefits

Governor Kathy Hochul signed an amendment to Section 590 of the New York Labor Law, which requires that employers provide written notice to employees of the right to file for unemployment benefits if their employment has been terminated, they have been “temporarily separated from employment” or their scheduled working hours have been reduced.

The law provides that effective November 13, 2023, employers must notify eligible employees of their right to file an application for unemployment insurance benefits with the New York State Department of Labor (“NYDOL”) “at the time of each permanent or indefinite separation from employment, reduction in hours, temporary separation, and any other interruption of continued employment that results in total or partial unemployment.” This is an expansion of previous regulatory obligations.  The NYDOL’s Record of Employment form is available here.

To ensure compliance with this law, employers should complete the NYDOL’s Record of Employment form and provide it to an affected employee when they are notified of their temporary or permanent separation from employment, or a reduction in hours. This form may be enclosed with any termination letter or other letter to the affected employee concerning the employment change. Absent further guidance on this law, it would be prudent to provide the Record of Employment form to an employee whose hours have been reduced due to a disciplinary suspension, even though the employee may not be eligible or may be disqualified from receipt of unemployment insurance benefits. Employers should also maintain a copy of the Record of Employment form sent to the employee for their files.

We understand that navigating legal changes can be challenging, and we are here to support you through this transition. If you have any questions regarding this new legal requirement or other questions, please contact an attorney at Clifton Budd & DeMaria, LLP.