At issue on this appeal by claimant's employer is whether the board gave a proper construction to subdivision 4 of section 162 of the Labor Law in deciding claimant was not guilty of misconduct that would disqualify him from receiving unemployment insurance benefits. The enactment specifies, in part, that: "Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be...
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