2016 New York Laws
LAB - Labor
Article 18 - UNEMPLOYMENT INSURANCE LAW
Title 7-A - (602 - 612) SHARED WORK PROGRAMS
605 - Qualified employers; application.

  605. Qualified employers; application. 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 diminished to the
  same extent as those employees  that  participate  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.