12 CRR-NY 470.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER VII. DIVISION OF UNEMPLOYMENT INSURANCE
SUBCHAPTER B. UNEMPLOYMENT INSURANCE
ARTICLE 1. REGULATIONS OF THE INDUSTRIAL COMMISSIONER
PART 470. GENERAL PROVISIONS
12 CRR-NY 470.2
12 CRR-NY 470.2
470.2 Definition of terms.
(a) Payroll period means that period of time for which an employer customarily makes a single payment of remuneration to all or a group or groups of his employees.
(b)
(1) For all purposes except the computation of a claimant's average weekly wage, remuneration earned, whether or not paid, shall be deemed “paid”:
(i) as of the day or the first of several days on which amounts definitely assignable to a payroll period are generally paid by the employer;
(ii) as of the day when both the amount and the liability of the employer for payment thereof have been unconditionally established if the remuneration is not definitely assignable to a payroll period;
(iii) with respect to remuneration paid pursuant to an order of a competent tribunal or an agreement between an employer and his employees or their respective representatives following negotiations, a dispute or disagreement with respect to the amount or liability for remuneration, as of the date of said order or agreement, or the date, if any prescribed therein for payment.
(2) For the purpose of computing a claimant's average weekly wage:
(i) all remuneration accrued in, whether or not paid at the end of a statutory week, shall be deemed “paid” in such statutory week. If remuneration is accrued in a payroll period other than a statutory week and the remuneration for each statutory week cannot be ascertained, such remuneration shall be allocated to statutory weeks in proportion to the number of calendar days of the payroll period which fall within each statutory week;
(ii) remuneration which cannot be allocated in accordance with subparagraph (i) of this paragraph shall be deemed “paid” in accordance with paragraph (1) of this subdivision unless actually paid at an earlier date.
(c) A quarter or calendar quarter means one of the four period of three consecutive calendar months which begin, respectively, on January 1, April 1, July 1, and October 1.
(d) Wages paid in a quarter means the total of all wages which in accordance with subdivision (b) of this section are deemed “paid” on any day falling within the calendar quarter.
(e) Statutory week means the period beginning with Monday and ending with the following Sunday.
(f) Itinerant point means a locality where there is no full-time State employment office but where claims are taken by the division's field service and personal reports are made by claimants at a specified place and on a specified day or days of the week.
(g) Week of employment includes any statutory week during any part of which an employee is on paid vacation or other paid leave of absence even though no actual work is performed.
(h) Day of total unemployment.
(1) For the purpose of calculating the number of effective days in a week to determine a claimant’s weekly benefit entitlement in accordance with Labor Law section 590, a claimant shall experience a day of total unemployment or full day of total unemployment on each day that is not a day of employment.
(2) The total number of day(s) of employment in a week shall be calculated by adding the total number of hours worked in a week of employment, provided however that no hours in excess of 10 are included per calendar day, dividing the total number of hours by 10, and rounding up to the nearest whole number. If the total number of hours worked in a week is equal to or less than four hours, no day of employment will have occurred. For example, a claimant who works a total of three hours in a week shall be deemed to have engaged in zero days of employment, a claimant who works a total of eight hours in a week shall be deemed to have engaged in one day of employment, and a claimant who works a total of 13 hours in a week shall be deemed to have engaged in two days of employment, except that if the 13 hours occurred on one calendar day, such claimant shall be deemed to have engaged in one day of employment.
(3) A claimant who is employed on a shift continuing through midnight is deemed to have been employed on the day beginning before midnight with respect to such shift, except where night shift employees are regularly scheduled to start their work week at seven post meridiem or thereafter on a Sunday night, their regularly scheduled starting time on Sunday shall be considered as starting on Monday.
12 CRR-NY 470.2
Current through March 31, 2021
End of Document