This title shall apply to a claimant employed by an employer whose application to participate in a shared work program has been approved by the commissioner. The provisions of subdivision four of section five hundred twenty-seven, subdivisions three and seven of section five hundred ninety and subdivision four of section five hundred ninety-six of this article shall not be applicable to such claimant and he or she shall not be required to be available for work with any other employer nor shall he or she be required to search for work in accordance with subdivision two of section five hundred ninety-one of this article if he or she is available for his or her usual hours of work with his or her employer that has been accepted to participate in the shared work program. The other provisions of this article shall apply to such claimants and their employers to the extent that they are not inconsistent with the provisions of this title.
§602 as amended by L. 1987, Ch. 430, effective July 27, 1987, and amended by
L. 1989 Ch. 222 effective June 26, 1989, and further amended by L. 1998, Ch. 214,
effective July 7, 1998. §602 further amended by L. 2013, Ch. 57, effective April 29, 2013.
For purposes of this title: "Total unemployment" shall mean the total lack of any employment on any day, other than with an employer applying for a shared work program. "Work force" shall mean the total work force, a clearly identifiable unit or units thereof, or a particular shift or shifts. The work force subject to reduction shall consist of no less than two employees.
§603 as amended by L. 2013, Ch. 57, effective April 29, 2013.
A claimant shall be eligible for benefits under this title if he or she works less than his or her normal hours in a week for his customary employer, and that employer has reduced or restricted the claimant's weekly hours of work, or has rehired a claimant previously laid off and reduced his or her weekly hours of work from those previously worked, as the result of a plan by the employer to stabilize the work force by a program of sharing the work remaining after a reduction in total hours of work and a corresponding reduction in wages, provided the program requires not less than a twenty percent nor more than a sixty percent reduction in hours and wages among the work force. A claimant receiving supplemental unemployment compensation benefits, as defined in section five hundred one (c)(17)(D) of the internal revenue code of nineteen hundred fifty-four, shall not be eligible hereunder. Any employee who was otherwise eligible for benefits under this title but was denied benefits during the period beginning October first, two thousand one and ending on December first, two thousand one because more than five percent of his or her wages were derived from piece work, shall be entitled to make a retroactive claim for such benefits provided such claim is filed within sixty days of the effective date of this sentence.
Sec. 604 as amended by L. 2002, Ch. 564, effective September 24, 2002 and further amended by L. 2013, Ch. 57, effective April 29, 2013.
An employer who has at least two full time employees may apply to participate in a shared work program. The written application shall be made according to such forms and procedures as the commissioner may specify and shall include such information as the commissioner may require, including such other information that the United States Secretary of Labor determines to be appropriate for purposes of a shared work program. The commissioner shall not approve such application unless the employer (1) certifies that for the duration of the program it will not eliminate or diminish health insurance, medical insurance, retirement benefits or any other fringe benefits provided to employees immediately prior to the application unless such benefits provided to employees that do not participate in the shared work program are reduced or diminshed to the same extent as those employees that particpate in the shared work program; (2) certifies that the collective bargaining agent for the employees, if any, has agreed to participate in the program; (3) certifies that if not for the shared work program to be initiated the employer would reduce or would have reduced its work force to a degree equivalent to the total number of working hours proposed to be reduced or restricted for all included employees; (4) certifies that it will not hire additional part time or full time employees for the affected work force while the program is in operation; (5) agrees that no participant of the program shall receive, in the aggregate, more than twenty-six weeks of benefits exclusive of the waiting week; (6) provides a description of how workers in the work force will be notified of the shared work program in advance of it taking effect, if feasible, and if such notice is not feasible, provides an explanation of why such notice is not feasible; (7) provides an estimate of the number of workers who would be laid off if the employer could not participate in the shared work program; and (8) certifies that the terms of the employer's written plan and implementation shall be consistent with employer obligations under applicable federal and state laws.
§605 as amended by L. 1989, Ch. 222 effective June 26, 1989; L. 1991, Ch. 248 effective
July 1, 1991 and L. 1992, Ch. 81 effective May 10, 1992; L. 2013, Ch. 57 effective April 29, 2013.
Applied to all shared work programs in effect or established on or after January 1, 1992.
Further provided that effective January 1, 1995 reverted back from 52 weeks to 20 weeks
For good cause shown, the commissioner may, in his discretion, revoke approval of an employer`s application previously granted. Good cause may include, but shall not be limited to, failure to comply with the assurances and certifications required under section six hundred five hereof, failure to supply information requested relative to the operation of a shared work program, unreasonable revision of productivity standards for the work force, or other conduct or occurrences tending to defeat the purposes, intent and effective operation of a shared work program.
1. Amount. An eligible claimant shall be paid benefits for any week equal to his or her benefit rate multiplied by the percentage of reduction of his or her wages resulting from reduced hours of work, but only if such percentage is no less than twenty percent. The weekly benefit amount shall be rounded off to the nearest dollar. A claimant shall not be paid such benefits in excess of twenty-six weeks during a benefit year.
Subd. 1 as amended by L. 1992, Ch. 81, effective May 10, 1992; furhter amended by L. 2013, Ch. 57, effective April 29, 2013.
Applied to all shared work programs in effect or established on or after January 1, 1992.
Further provided that effective January 1, 1995 reverted back to 20 weeks requirement. Effective April 29, 2013 increased to 26 weeks.
2. Waiting period. A claimant shall not be entitled to benefits for the first week of unemployment under a shared work program unless he or she has served a waiting period in his or her benefit year pursuant to subdivision seven of section five hundred ninety of this article.
In no event shall total benefits paid in any benefit year, either under this title, the other titles of this article, or both, exceed the maximum amount for which a claimant would be eligible under the other titles of this article alone.
Eligible employees may participate, as appropriate, in training to enhance job skills if such program has been approved by the commissioner. Such training may include employer-sponsored training or worker training funded under the Workforce Investment Act of 1998.
§609 repealed by L. 1989, Ch. 222 effective June 26, 1989. New §609 added by L. 2013, Ch. 57, effective April 29, 2013.
A shared work program and payment of benefits to claimants thereunder shall begin with the first week following approval of an application by the commissioner or the first week specified by the employer, whichever is later.
Benefits paid to a claimant shall be charged to the employer's accounts as provided in paragraph (e) of subdivision one of section five hundred eighty-one of this article. However, except for individuals employed by a participating employer on a seasonal, temporary or intermittent basis, no benefits paid to a claimant shall be charged to an employer's account if the state is reimbursed by the United States pursuant to the Middle Class Tax Relief and Job Creation Act of 2012, PL 112-96.
§611 as amended by L. 1987, Ch. 430 effective July 27, 1987, and further amended by
L. 1998, Ch. 589 effective April 1, 1999; further amended by L. 2013, Ch. 57, effective April 29, 2013.
If any amendment contained in a clause, sentence, paragraph, section or part of this title shall be adjudged by the United States Department of Labor to violate requirements for maintaining benefit standards required of the state in order to be eligible for any financial benefit offered through federal law or regulation including, but not limited to, the waiver of interest on advances or the waiver of obligations to repay such advances to the state unemployment insurance fund, such amendments shall be severed from this act and shall not affect, impair or invalidate the remainder thereof.
§612 repealed by L. 1989, Ch. 222 effective June 26, 1989. New §612 added by L. 2013, Ch. 57, effective April 29, 2013.
The Shared Work Program (Title 7-A) was created by L. 1985, Ch. 438, effective January 6, 1986
and was to remain in effect until January 1, 1989, with shared work programs then in force continuing
until their expiration. Amended to extend the program until January 1, 1990 by L. 1988, Ch. 277
effective July 19, 1988, and further amended by L. 1989, Ch. 222 effective June 26, 1989 to make
permanent the provisions of the Labor Law creating the Shared Work Program.
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