NY A09578

Claimants who received unemployment benefits on or after January 27, 2020 to which they were not entitled shall not be held liable for overpayments if the overpayment was not due to willful misrepresentation, was received without fault, and recovery would be against equity and good conscience

Establishes presumption that claimants are "without fault" when the Department of Labor provided conflicting or confusing information, took more than six months to implement federal eligibility laws, or when claimants faced language, education, literacy, or disability barriers

Recovery is deemed against "equity and good conscience" if it would cause financial hardship, the claimant receives means-tested benefits (Medicaid, SNAP, WIC, etc.), is at or below 400% of federal poverty guidelines, or used benefits for ordinary living expenses like rent, food, or medical costs

Requires the Department of Labor to notify claimants of overpayments within 15 days, provide waiver applications, translate notifications into the 12 most commonly spoken languages in New York, and offer denied claimants a minimum 3-year repayment plan based on ability to pay

Directs the Commissioner of Labor to seek US Department of Labor review within 30 days to determine if the act affects New York's ability to receive federal tax credit waivers (BCR penalty); provisions take effect retroactive to March 9, 2020 upon certification