2011 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1750.1 — Criteria for shared-work plan approval

§1750.1. Criteria for shared-work plan approval

An employer wishing to participate in a shared-work program shall submit a signed written shared-work compensation plan to the administrator for approval. The administrator shall approve a shared-work unemployment compensation plan only if the following criteria are met:

(1) The plan applies to and identifies the specified affected group.

(2) The employees in the affected group or groups are identified by name, social security number, and by any other information required by the administrator.

(3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than twenty percent and not more than forty percent.

(4) Health benefits and retirement benefits under defined benefit pension plans (as defined in Section 3(35) of the Employee Retirement Income Security Act of 1974), and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced.

(5) The plan certifies that the aggregate reduction in work hours is in lieu of temporary layoffs which would have affected at least ten percent of the employees in the affected group or groups to which the plan applies and which would have resulted in an equivalent reduction in work hours.

(6) During the previous four months the work force in the affected group has not been reduced by temporary layoffs of more than ten percent of the workers.

(7) The plan applies to at least ten percent of the employees in the affected group, provided no plan shall involve fewer than three employees. If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group. If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup.

(8) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent. In the event that the certification of an exclusive bargaining representative has been appealed, such bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes. In the absence of any such bargaining representative, the plan must contain a certification by the employer that he has made the proposed plan, or a summary thereof, available to each employee in the affected group for inspection.

(9) On the most recent computation date preceding the date of submittal of the shared-work plan for approval, the total of all contributions, paid on the employing unit's own behalf and credited to his account for all previous periods, equaled or exceeded the regular benefits charged to his account for all such previous periods.

(10) The plan will not serve as a subsidy of seasonal employment during the off season, nor as a subsidy of temporary part-time or intermittent employment.

(11) The employer agrees to furnish reports relating to the proper conduct of the plan and agrees to allow the administrator or his authorized representatives access to all records necessary to verify the plan prior to approval and, after approval, to monitor and evaluate application of the plan.

Acts 1985, No. 895, §1, eff. Jan. 1, 1986.