N.Y. Comp. Codes R. & Regs. tit. 12 § 490.2

Current through Register Vol. 46, No. 39, September 25, 2024

Section 490.2 - Status of pickets (unemployment insurance law, sections 511, 512, 517, 592)

(a) All persons engaged by a labor union for the purpose of picketing are employees of the union provided remuneration is paid for such services. The fact that a person so engaged for the purpose of picketing is a member of the union, is on strike, or is or was an employee of the employer whose business is picketed does not affect his status as an employee of the union.

(b) Payments made by labor unions to persons performing picket services are not "remuneration" within the meaning of the Unemployment Insurance Law:

(1) if they represent reimbursement for expenses which are either separately accounted for to the union by the person performing picket services or fixed in a reasonable amount by agreement between the parties before the serv ices as a picket are rendered, or

(2) if they represent strike benefits. Strike benefits are payments made by a labor union, pursuant to union rules and regulations, because of a strike, to its members participating in the strike, to assist them financially during the strike, provided such benefits are not conditioned in fact or in amount upon the rendering of services during the strike.

(c) An employee who lost his employment because of a strike continues to have lost his employment on account thereof even after intervening performance of picket services for remuneration. The period of suspension of benefit rights is not lifted by such intervening services.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 490.2