HB535INTRODUCED
Page 0
HB535
TBDA811-1
By Representative Tillman
RFD: Commerce and Small Business
First Read: 08-Apr-25
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5 TBDA811-1 04/07/2025 PMG (L)cr 2025-1352
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First Read: 08-Apr-25
SYNOPSIS:
Under existing law, an employee is disqualified
from collecting unemployment benefits during a labor
dispute.
This bill would carve out instances where the
employer locks out employees during a labor dispute
from the unemployment benefits disqualification.
A BILL
TO BE ENTITLED
AN ACT
Relating to unemployment benefits; to amend Section
25-4-78, Code of Alabama 1975, to allow unemployment benefits
when an employer locks out employees during a labor dispute.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 25-4-78, Code of Alabama 1975, is
amended to read as follows:
"ยง25-4-78
An individual shall be disqualified for total or
partial unemployment for any of the following:
(1) LABOR DISPUTE IN PLACE OF EMPLOYMENT OTHER THAN
EMPLOYER LOCKOUTS . For any week in which an individual's total
or partial unemployment is directly due to a labor dispute
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or partial unemployment is directly due to a labor dispute
still in active progress in the establishment in which he or
she is or was last employed , unless the total or partial
unemployment is directly due to an employer lockout . For the
purposes of this section only, the term labor dispute includes
any controversy concerning terms, tenure, or conditions of
employment, or concerning the association or representation of
persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of employment,
regardless of whether the disputants stand in the proximate
relation of employer and employee. This definition shall not
relate to a dispute between an individual worker and his or
her employer.
(2) VOLUNTARILY QUITTING WORK. If an individual has
left his or her most recent bona fide work voluntarily without
good cause connected with such work.
a.1. However, an individual shall not be disqualified
if he or she was forced to leave work because he or she was
sick or disabled, notified his or her employer of the fact as
soon as it was reasonably practicable so to do, and returned
to that employer and offered himself or herself for work as
soon as he or she was again able to work; provided, however,
this exception shall not apply if the employer had an
established leave of absence policy covering sickness or
disability and:
(i) The individual fails to comply with the same as
soon as it is reasonably practicable to do so; or
(ii) Upon the expiration of a leave of absence shall
fail fails to return to the employer and offer himself or
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fail fails to return to the employer and offer himself or
herself for work, if the individual shall then be is able to
work, or if he or she is not then able to work, he or she
fails to so notify his or her employer of that fact and
request an extension of his or her leave of absence as soon as
it is reasonably practicable so to do.
2. In case of doubt that an individual was sick or
disabled, or as to the duration of any such sickness or
disability, the secretary may, or if the employer requests it,
the secretary shall require a doctor's certificate to
establish the fact or facts in doubt.
3. An established leave of absence policy shall be any
leave of absence policy covering sickness and disability
communicated to the employee by the customary means used by
the employer for communicating with his or her employees.
4. Nothing herein shall be construed or interpreted as
authorizing the payment of benefits to any individual during,
or for, unemployment due to sickness or disability or during
any period in which he or she is on a leave of absence granted
in accordance with an established leave of absence policy, the
duration of which leave was set in accordance with his or her
request or in accordance with a collective bargaining
agreement; except, that if such the leave of absence is on
account of pregnancy and extends beyond the tenth week
following termination of such the pregnancy, the individual
shall not be denied benefits under this subdivision beyond
such the tenth week if she has given the employer three weeks'
notice of her desire to return to work, is then able to work,
and has not refused reinstatement to a job which under
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and has not refused reinstatement to a job which under
subdivision (5) would be deemed suitable for her.
b. When an individual is disqualified under this
subdivision:
1. He or she shall not be entitled to benefits for the
week in which the disqualifying event occurs or for any week
thereafter until:
(i) He or she has reentered insured employment or
employment of the nature described in subdivisions (5), (6),
(7), (8), (9), (10), or (18) of subsection (b) of Section
25-4-10; and
(ii) For which employment he or she has earned wages
equal to at least 10 times his or her weekly benefit amount
for the benefit year in which such the disqualification is
assessed; and
(iii) He or she has been separated from such employment
under nondisqualifying conditions.
2. The total amount of benefits to which an individual
may otherwise be entitled as determined in accordance with
Sections 25-4-74 and 25-4-75 shall be reduced by an amount
equal to not less than three nor more than nine times his or
her weekly benefit amount.
3. For the purpose of the experience rating provisions
of Section 25-4-54, no portion of the benefits payable to an
individual, based upon wages paid to him or her for the period
of employment ending with the separation to which the
disqualification applies, shall be charged to the employer's
experience rating account. If the individual has been
separated from employment other than his or her most recent
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separated from employment other than his or her most recent
bona fide work under conditions which would have been
disqualifying under this subdivision (2) had the separation
been from his or her most recent bona fide work and the
employer answers a notice of payment within 15 days after it
is mailed to him or her detailing the facts in connection with
the separation, then no portion of any benefits paid to him or
her based upon wages for the period of employment ending in
such the separation shall be charged to the employer's
experience rating account.
4. Any other provision of this chapter to the contrary
notwithstanding, effective October 21, 2013, the unemployment
compensation account of an employer shall be charged when the
unemployment compensation agency determines that an
overpayment has been made to a claimant as a result of both of
the following:
(i) The overpayment occurred because the employer, or
an agent of the employer, failed to respond timely or
adequately to a request from the unemployment compensation
agency for information relating to an unemployment
compensation claim.
(ii) The employer, or an agent of the employer, has
established a pattern of failing to respond timely or
adequately to a request from the unemployment compensation
agency for information relating to an unemployment
compensation claim on two or more occasions.
c. An individual shall not be disqualified if he or she
left his or her employment and immediately returned to work
with his or her regular employer or to employment in which he
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with his or her regular employer or to employment in which he
or she had prior existing statutory or contractual seniority
or recall rights. When this exception is applied, any benefits
paid to the individual based upon wages paid for that period
of employment immediately preceding the separation to which
the exception is applied, which have not been heretofore
charged to the employer's experience rating account, shall not
be charged to the account of the employer.
d. For separation occurring on or after August 1, 2012,
an An individual shall not be disqualified if he or she left
his or her employment to permanently relocate as a result of
his or her active duty military-connected spouse's permanent
change of station orders, activation orders, or unit
deployment orders. When this exception is applied, any
benefits paid to the individual based upon wages paid for that
period of employment immediately preceding the separation to
which the exception is applied, which have not been heretofore
charged to the employer's experience rating account, shall not
be charged to the account of the employer.
e. For the purposes of this subdivision and subdivision
(3) of this section , the secretary, in determining the most
recent bona fide work , shall only consider employment of the
nature described in subsection (a) of Section 25-4-10. The
secretary shall also consider the duration of the most recent
job or jobs, the intent of the individual and his or her
employer as to the permanence of such work, and whether
separation from the immediately preceding employment was under
conditions which would be disqualifying in the event such the
immediately preceding employment should be is determined to be
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immediately preceding employment should be is determined to be
the most recent bona fide work.
(3) DISCHARGE FOR MISCONDUCT.
a. If an individual was discharged or removed from his
or her work for a dishonest or criminal act committed in
connection with his or her work or for sabotage or an act
endangering the safety of others or for the use of illegal
drugs after previous warning or for the refusal to submit to
or cooperate with a blood or urine test after previous
warning. Disqualification under this paragraph may be applied
to separations prior to separation from the most recent bona
fide work only if the employer has filed a notice with the
secretary alleging that the separation was under conditions
described in this paragraph in such manner and within such
time as the secretary may prescribe.
(i) A confirmed positive drug test that is conducted
and evaluated according to standards set forth for the conduct
and evaluation of such tests by the U.S. Department of
Transportation in 49 C.F.R. Part 40 or standards shown by the
employer to be otherwise reliable shall be a conclusive
presumption of impairment by illegal drugs. No unemployment
compensation benefits shall be allowed to an employee having a
confirmed positive drug test if the employee had been warned
that such a positive test could result in dismissal pursuant
to a reasonable drug policy. A drug policy shall be deemed
reasonable if the employer shows that all employees of the
employer, regardless of position or classification, are
subject to testing under the policy, and in those instances in
which the employer offers as the basis for disqualification
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which the employer offers as the basis for disqualification
from unemployment compensation benefits the results obtained
pursuant to additional testing imposed on some but not all
classifications, if the employer can also offer some rational
basis for conducting such the additional testing. Further, no
unemployment compensation benefits shall be allowed if the
employee refuses to submit to or cooperate with a blood or
urine test as set forth above, or if the employee knowingly
alters or adulterates the blood or urine specimen.
(ii) For purposes of paragraph a. and item a.(i) of
paragraph a. of this subdivision, "warning"shall mean means
that the employee has been advised in writing of the
provisions of the employer's drug policy and that either
testing positive pursuant to the standards referenced above or
the refusal to submit to or cooperate with a blood or urine
test as set out in the above referenced standards could result
in termination of employment. This written notification as
herein described shall constitute a warning as used in
paragraph a. and item a.(i) of paragraph a. of this
subdivision.
(iii) To the extent that the issue is a positive drug
test or the refusal to submit to or cooperate with a blood or
urine test, or if the employee knowingly alters or adulterates
the blood or urine sample, as distinguished from some other
aspect of the employer's drug policy, this disqualification
under paragraph a. and item a.(i) of paragraph a. shall be the
only disqualification to apply, in connection with an
individual's separation from employment. Other non-separation
disqualifications may apply.
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disqualifications may apply.
When an individual is disqualified under this
paragraph:
1. He or she shall not be entitled to benefits for the
week in which the disqualifying event occurs or for any week
thereafter until he or she has reentered insured employment or
employment of the nature described in subdivisions (5), (6),
(7), (8), (9), (10), or (18) of subsection (b) of Section
25-4-10, has earned wages equal at least to 10 times his or
her weekly benefit amount, and has been separated from such
employment for a nondisqualifying reason.
2. He or she shall not thereafter be entitled to any
benefits under this chapter on account of wages paid to him or
her for the period of employment by the employer by whom he or
she was employed when the disqualifying event occurred.
3. For the purposes of the experience rating provisions
of Section 25-4-54:
(i) No portion of any benefits based upon wages paid to
the individual for the period of employment by the employer by
whom he or she was employed when the disqualifying event
occurred shall be charged to the employer's experience rating
account.
(ii) In the case of a separation prior to the
separation from the most recent bona fide work, if the only
reason disqualification under this paragraph a. was not
assessed was the failure of the employer to properly file a
timely separation report with the secretary and the employer
files such a report within 15 days after the mailing of a
notice of payment, then no portion of any benefits paid based
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notice of payment, then no portion of any benefits paid based
upon the wages paid for the period of employment ending in
such the prior separation shall be charged to the employer's
experience rating account.
b. If an individual was discharged from his or her most
recent bona fide work for actual or threatened misconduct
committed in connection with his or her work ,(other than acts
mentioned in paragraph a. of this subdivision ,) repeated after
previous warning to the individual. When an individual is
disqualified under this paragraph, or exempt from
disqualification for a separation under such conditions prior
to his or her most recent bona fide work, the effect shall be
the same as provided in paragraph (2)b. of subdivision (2) for
disqualification or exemption from disqualification
respectively.
c. If an individual was discharged from his or her most
recent bona fide work for misconduct connected with his or her
work,[other than acts mentioned in paragraphs a. and b. of
this subdivision ]:
1. He or she shall be disqualified from receipt of
benefits for the week in which he or she was discharged and
for not less than the following week nor more than the four
next following weeks, as determined by the secretary in each
case according to the seriousness of the conduct.
2. The total amount of benefits to which an individual
may otherwise be entitled as determined in accordance with
Sections 25-4-74 and 25-4-75 shall be reduced by an amount
equal to the product of the number of weeks for which an
individual shall be disqualified multiplied by his or her
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individual shall be disqualified multiplied by his or her
weekly benefit amount.
3. Only one-half of the benefits paid to an individual
based upon wages for that period of employment immediately
preceding the separation to which the disqualification applies
shall be charged to the employer for the purposes of the
experience rating provisions of Section 25-4-54. If the
individual has been separated from employment, other than his
or her most recent bona fide work, under conditions which
would have been disqualifying under this paragraph, had the
separation been from his or her most recent bona fide work and
the employer answers a notice of payment within 15 days after
it is mailed to him or her detailing the facts in connection
with the separation, then only one-half of the benefits paid
to him or her for that period of employment immediately
preceding the separation shall be charged to the employer for
the purposes of the experience rating provisions of Section
25-4-54, unless the employer, or an agent of the employer,
failed to respond timely or adequately to written requests
pursuant to subparagraph (2)b.4. of paragraph b. of
subdivision (2).
d. If an individual has been suspended as a
disciplinary measure connected with his or her work, or for
misconduct connected with his or her work, he or she shall be
disqualified from benefits for the week or weeks ,(not to
exceed four weeks ,) in which, or for which, he or she is so
suspended, and the total amount of benefits to which he or she
may otherwise be entitled shall be reduced in the same manner
and to the same extent as provided in subparagraph c.2. of
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and to the same extent as provided in subparagraph c.2. of
paragraph c. of this subdivision (3).
(4) REVOCATION OR SUSPENSION OF REQUIRED LICENSE, ETC.
For the week in which an individual has become unemployed
because a license, certificate, permit, bond, surety, or
insurability which is necessary for the performance of his or
her employment and which he or she is responsible to maintain
or supply has been revoked, suspended, or otherwise become
lost to him or her for a cause other than one which would fall
within the meaning of subdivision (3), but one which was
within his or her power to control, guard against, or prevent,
and for each week thereafter until:
a. The license, certificate, permit, bond, or surety,
or insurability, has been restored to him or her and he or she
has reapplied to his or her employer for employment; or
b. He or she has reentered insured employment or
employment of the nature described in subdivisions (5), (6),
(7), (8), (9), (10), or (18) of subsection (b) of Section
25-4-10, whichever is the earlier.
c. Nothing in this subdivision shall be construed as a
basis for disqualification of an individual who is without
fault and who has made a reasonable effort to obtain his or
her initial license, certificate, permit, bond, surety, or
insurability required for the performance of assigned duties.
(5) FAILURE TO ACCEPT AVAILABLE SUITABLE WORK, ETC. If
an individual fails, without good cause, either to apply for
or to accept available suitable work or to return to his or
her customary self-employment when so directed by the
secretary or when an individual is notified of suitable work
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secretary or when an individual is notified of suitable work
or it is offered him or her through a state employment office
or the United States Employment Service Department of Labor ,
or directly or by written notice or offer to any such
employment office or employment service agency by an employer
by whom the individual was formerly employed. Such
disqualification shall be for a period of not less than one
nor more than five weeks from the date of failure. This
disqualification shall not apply unless the individual has an
established benefit year, or is seeking to establish one or is
seeking extended benefits at the time he or she fails without
good cause, to do any of the acts set out in this subdivision.
a. In determining whether or not any work is suitable
for an individual, the secretary shall consider:
1. The degree of risk involved to his or her health,
safety, and morals, his or her physical fitness, and his or
her prior training.
2. His or her experience and prior earnings.
3. His or her length of unemployment.
4. His or her prospects for securing local work in his
or her customary occupation.
5. The distance of the available work from his or her
residence; provided, that no work or employment shall be
deemed unsuitable because of its distance from the
individual's residence, if such work or employment is in the
same or substantially the same locality as was his or her last
previous regular place of employment and if the employee left
such his or her work or employment voluntarily without good
cause connected with such the employment.
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cause connected with such the employment.
b. Notwithstanding any other provisions of this
chapter, no work shall be deemed suitable and benefits shall
not be denied under this chapter to any otherwise eligible
individual for refusing to accept new work under any of the
following conditions:
1. If the position offered is vacant due directly to a
strike, lockout, or other labor dispute.
2. If the wages, hours, or other conditions of the work
offered are substantially less favorable to the individual
than those prevailing for similar work in the locality.
3. If as a condition of being employed the individual
would be required to join a company union, or to resign from
or refrain from joining any bona fide labor organization.
c. Notwithstanding any other provisions of this
section, benefits shall not be denied an individual, by reason
of the application of this subdivision (5), with respect to
any week in which he or she is in training with the approval
of the secretary as described in subdivision (a)(3) of Section
25-4-77.
(6) RECEIPT OF BACK PAY AWARD, ETC. For any week with
respect to which an individual is receiving or has received
remuneration in the form of a back pay award. Notwithstanding
Section 25-4-91, any benefits previously paid for weeks of
unemployment with respect to which back pay awards are made
shall constitute an overpayment , and such amounts shall be
deducted from the award by the employer prior to payment to
the employee and shall be transmitted promptly to the
secretary by the employer for application against the
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secretary by the employer for application against the
overpayment and credit to the claimant's maximum benefit
amount and prompt deposit into the fund; provided, however,
the removal of any charges made against the employer as a
result of such the previously paid benefits shall be applied
to the calendar year and the calendar quarter in which the
overpayment is received by the secretary , and no attempt shall
be made to relate such a credit to the period to which the
award applies. Any amount of overpayment deducted by the
employer shall be subject to the same procedures for
collection as is provided for contributions by Section
25-4-134.
(7) RECEIPT OF OR APPLICATION FOR UNEMPLOYMENT
COMPENSATION FROM ANOTHER STATE, ETC. For any week with
respect to which, or a part of which, an individual has
received or is seeking unemployment benefits under an
unemployment compensation law of any other state or of the
United States; provided, that if the appropriate agency of
such other state or of the United States finally determines
that the individual is not entitled to such unemployment
benefits, this disqualification shall not apply.
(8) RECEIPT OF PENSION PAYMENT. For any week with
respect to which, or a part of which, an individual has
received or has, except for the determination of an exact or
specific amount, been determined eligible to receive ,(during
a period for which benefits are being claimed ,) governmental
or other pension, retirement or retired pay, annuity, or
similar periodic payment which is based on the previous work
of the individual; except, that
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of the individual; except, that
a. For weeks of unemployment which begin prior to April
26, 1982, as was prescribed by this subsection prior to the
date, and
b. For weeks of unemployment which begin on or after
April 26, 1982, the amount of any benefits payable to an
individual for any week which begins in a period with respect
to which the disqualifying provisions of this subdivision
apply, shall be reduced ,(but not below zero ,) by an amount
equal to the amount of the pension, retirement or retired pay,
annuity, or other payment, which is reasonably attributable to
the week, provided, however, the reduction required by this
paragraph shall apply to any pension, retirement or retired
pay, annuity, or other similar payment only if:
1a. The payment is made under a plan that is maintained
(or contributed to ) by a base period employer and 100 percent
employer-financed and not contributed to by the worker, and
2b. In the case of such a payment not made under the
Social Security Act or the Railroad Retirement Act of 1974 (or
the corresponding provisions of prior law ), services performed
for the employer by the individual after the beginning of his
or her base period ,(or remuneration for the services ,) affect
eligibility for, or increase the amount of, the payment.
c.1. The other provisions of this subdivision to the
contrary notwithstanding, beginning with the weeks ending
October 7, 1995, the amount of any pension, retirement or
retired pay, annuity, or other similar periodic payment under
the Social Security Act or the Railroad Retirement Act shall
not result in a reduction of benefits under this subdivision.
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not result in a reduction of benefits under this subdivision.
d.2. If in accordance with this subdivision any
individual is awarded pension payments retroactively covering
the same period for which the individual received benefits,
the retroactive payments shall constitute cause for
disqualification , and any benefits paid during the period
shall be recovered only if the retroactive pension payments
were made under a plan that is maintained (or contributed to )
by a base period employer, 100 percent employer-financed, and
not contributed to by the worker.
(9) RECEIPT OF OR APPLICATION FOR WORKERS'
COMPENSATION. For any week with respect to which, or a part of
which, an individual has received or is seeking compensation
for temporary disability under any workers' compensation law;
provided, that if it is finally determined the individual is
not entitled to such compensation, this disqualification shall
not apply; and provided further, that if such the compensation
is less than the benefits which would otherwise be due under
this chapter, the individual shall be entitled to receive for
the week, if otherwise eligible, benefits reduced by the
amount of the payment.
(10) EMPLOYMENT BY PUBLIC WORKS AGENCY, ETC. For any
week that an individual is engaged or employed by the Works
Progress Administration, the National Youth Administration, or
any federal or state unit, agency, or instrumentality in
charge of public works, assistance through public employment,
or work relief.
(11) SELF-EMPLOYMENT. For any week in which an
individual is self-employed and each week thereafter until he
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individual is self-employed and each week thereafter until he
or she shall establish that he or she is no longer
self-employed.
(12) RECEIPT OF, OR APPLICATION FOR, TRAINING
ALLOWANCE, ETC. For any week with respect to which, or a part
of which, an individual who is enrolled in a course of
training with the approval of the secretary, within the
meaning of subdivision (a)(3) of Section 25-4-77, has applied
for, or is entitled to receive, any wage or subsistence or
training allowance or other form of remuneration, other than
reimbursement for travel expenses, for a course of training
under any public or private training program; provided, that
if it is finally determined that an individual is not entitled
to such remuneration, this disqualification shall not apply.
If the remuneration, the receipt of which is disqualifying
under this subdivision, is less than the weekly benefits which
he or she would otherwise be due under this chapter, he or she
shall be entitled to receive, if otherwise eligible, weekly
benefits reduced by the amount of the remuneration. It is
further provided that receipt of training allowances under the
Trade Readjustment Act shall not be cause for disqualification
under this subdivision.
(13) PARTICIPATION IN PROFESSIONAL SPORTS. For any week
which commences during the period between two successive sport
seasons, or similar periods, to any individual for which
benefits claimed are on the basis of any services,
substantially all of which consist of participating in sports
or athletic events or training or preparing to so participate,
if such individual performed services in the first of such
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if such individual performed services in the first of such
seasons, or similar periods, and there is a reasonable
assurance that such individual will perform such services in
the later of such seasons, or similar periods.
(14) ALIENS.
a. For any week for which benefits claimed are on the
basis of services performed by an alien unless:
1. The alien is an individual who was lawfully admitted
for permanent residence at the time the services were
performed, and was lawfully present for purposes of performing
the services; or,
2. The alien was permanently residing in the United
States under color of law at the time services were performed,
including an alien who is lawfully present in the United
States as a result of the application of the provisions of
Section 203(a)(7) or Section 212(d)(5) of the Immigration and
Nationality Act; or,
3. The alien was lawfully admitted for temporary
residence as provided for under Section 245A(a) of the
Immigration Reform and Control Act of 1986 (PL 99-603).
b. Any data or information required of individuals
applying for benefits to determine whether benefits are not
payable to them because of their alien status shall be
uniformly required from all applicants for benefits.
c. In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to such individual are not payable because of his or
her alien status shall be made except upon a preponderance of
the evidence."
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the evidence."
Section 2. This act shall become effective on October
1, 2025.
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