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Panel raises concept to restore unemployment eligibility for striking workers amid constitutional questions

Labor and Public Employees Committee · February 6, 2026
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Summary

The committee screened a bill to allow striking workers to receive unemployment benefits, prompting questions from Senator Sampson about constitutionality and employer costs; Chair Kushner said federal DOL guidance does not make the policy unconstitutional and the concept was approved to be raised (roll-call tally 7–4).

The Labor and Public Employees Committee on Tuesday voted to raise the concept of a bill allowing striking workers to receive unemployment benefits, drawing questions about constitutionality and potential employer cost impacts.

Senator Julie Kushner, the committee chair, said the text is still being worked on after the governor vetoed a previous version last session, and that the goal is to ensure workers can exercise rights under federal law without losing income. "We're still working on the language for this bill," she said.

Ranking member Senator Sampson questioned whether the new draft differs from the bill that reached the Senate last year and said he had seen federal-level activity that could raise constitutional or equal-protection questions. He also raised concerns that employers could face higher unemployment insurance costs and that the policy lacked bipartisan support. "It's quite controversial," Sampson said, adding that the effort had not had the governor's support previously.

Kushner responded that, in her view, federal Department of Labor guidance addressing striking workers concerns eligibility but did not make the bill unconstitutional. She also declined to speculate about the governor's position and suggested members contact the governor's office for clarification.

Representative Wilson moved and Representative Hughes seconded the motion to raise the concept. The roll-call vote recorded seven yes votes and four no votes; votes were held open pending remote participation and further consideration.

The screening does not enact a law; Kushner said committee staff will continue to refine language and the measure will return with a formal bill text and public hearing in a future session.