Okla. Stat. tit. 40 § 2-903

Current through Laws 2024, c. 453.

Section 2-903 - Approval Factors

A. The Oklahoma Employment Security Commission may approve a shared work plan if:

1. The participating employer regularly employs at least one hundred employees;

2. The shared work plan applies to and identifies a specific affected unit or number of units;

3. The employees in the affected unit are identified by name and social security number;

4. The shared work plan reduces the normal weekly hours of work for an employee in the affected unit by not less than twenty percent (20%) and not more than forty percent (40%);

5. The shared work plan applies to at least ten percent (10%) of the employees in the affected unit and at least fifty employees within the company;

6. The shared work plan maintains the fringe benefits of each employee in the affected unit at the benefit level in effect before the shared work plan is implemented;

7. The employer certifies that the implementation of a shared work plan and the resulting reduction in work hours is in lieu of temporary layoffs that would affect at least ten percent (10%) of the employees in the affected unit and at least fifty employees within the company, and that would result in an equivalent reduction in work hours; and

8. The employer has filed all reports required to be filed under the Employment Security Act of 1980 for all past and current periods, and has paid all contributions, interest, penalties and fees owing on the employer's account with the Commission.

B. If any of the employees who participate in a shared work plan pursuant to this act are covered by a collective bargaining agreement, the shared work plan must be approved in writing by the collective bargaining agent before approval by the Commission.

C. A shared work plan may not be implemented to subsidize seasonal employers during the off-season or to subsidize employers who have traditionally employed workers less than thirty-two (32) hours per week.

D. If any employer that is eligible for a tax rate computation under Sections 3-101 through 3-118 of Title 40 of the Oklahoma Statutes is assigned an experience tax rate of five and four-tenths percent (5.4%) or greater for a calendar year, that employer shall be ineligible to participate in the Shared Work Unemployment Compensation Program provided by this act for that calendar year.

E. The Commission shall approve or deny a shared work plan no later than thirty (30) days after the day the shared work plan is received by the Commission. The Commission shall approve or deny a shared work plan in writing. If the plan is denied, the Commission shall notify the employer of the reasons for the denial.

F. The employer may appeal the denial of a shared work plan pursuant to the provisions of Section 3-115 of Title 40 of the Oklahoma Statutes.

Okla. Stat. tit. 40, § 2-903

Repealed by Laws 2014 , c. 220, s. 11, eff. 11/1/2014.

Added by Laws 2010 , SB 1970, c. 344, §4, emerg. eff. 7/1/2010.