New Jersey § 43:21-20

§ 43:21-20.

An employer who has not less than 10 employees may apply to the division for approval to provide a shared work program, the purpose

of which is to stabilize the employer's work force during a period of economic disruption

by permitting the sharing of the work remaining after a reduction in total hours of

work. Any subsidizing of seasonal employment during off season, or of temporary or intermittent employment on an ongoing basis, is contrary to the purpose of a shared

work program approved pursuant to this act. 1 The application for a shared work program shall be made according to procedures

and on forms specified by the division and shall include whatever information the

division requires. The division may approve the program for a period of not longer than one year and may, upon employer request, renew the approval of the program for additional periods, each period not to exceed one year . The division shall not approve an application unless the employer: a. (1) Certifies to the division that the aggregate reduction in work hours is in lieu of layoffs; (2) provides an estimate

of the number of employees who would have been laid off in the absence of the program;

and (3) certifies that the employer will not hire additional employees while short-time benefits are being paid; b. Certifies to the division that health insurance or pension coverage, paid time off, or other benefits , including retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code ( 26 U.S.C. s.414(j) ), or employer contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code ( 26 U.S.C. s.414(i) ), will continue to be provided to any employee whose workweek is reduced under the program, that those benefits will

continue to be provided to employees participating in the program under the same terms

and conditions as though the workweek of the employee had not been reduced or to the

same extent as other employees not participating in the program, except that employer

contributions to a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code ( 26 U.S.C. s.414(i) ), may be reduced in proportion to the reduction of weekly hours, and certifies to

the division that the employer will not make unreasonable revisions of workforce productivity standards; c. Certifies to the division that any collective bargaining agent representing the

employees has entered into a written agreement with the employer regarding the terms

of the program, including terms regarding attendance in training programs while receiving

short-time benefits, and provides a copy of the agreement to the division; d. Provides, in the application, the effective date and duration of the program, a description

of the affected unit or units covered by the program, including the number of employees

in each unit, the percentage of employees in the affected unit covered by the program,

identification of each individual employee in the affected unit by name, social security

number, and the employer's unemployment tax account number and any other information

required by the division to identify program participants; e. Provides, in the application, a description of how the employees in the affected

units will be notified of the employer's participation in the shared work program

if the application is approved, including the means of notification for employees

who are members of collective bargaining units and employees who are not members of

a collective bargaining unit; f. Identifies the usual weekly hours of work for the employees of the affected unit

and the specific percentage by which their hours will be reduced during all weeks

covered by the program; g. Certifies that participation in the program and its implementation is consistent

with the employer's obligations under all applicable federal and State laws; and h. Agrees to provide the division with any reports or other information , including access to employer records, the division deems necessary to administer the shared work program and monitor compliance

with all agreements and certifications required pursuant to this section. The division shall approve or disapprove the program in writing not more than 60 days

after the receipt of the application and promptly communicate the decision to the

employer. A decision disapproving the application shall clearly identify the reasons for the

disapproval. The disapproval shall be final, but the employer shall be permitted to submit another

application for approval of a plan not earlier than 60 days from the date of disapproval. 1

L.2011, c. 154 (N.J.S.A. §§ 43:21-20.3 to 43:21-20.11, 43:21-4 and 34:21-5).