2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:31-b - Worksharing Plan.

282-A:31-b Worksharing Plan. –
I. An employer wishing to participate in a worksharing program shall submit a written and signed worksharing plan to the commissioner for approval. The commissioner may approve a worksharing plan if the following criteria, and any other criteria the commissioner deems relevant, are met:
(a) The plan identifies the affected unit or units to which it applies.
(b) The employees in the affected unit are identified by name, social security number, the normal weekly hours of work, and proposed weekly wage and hour reduction.
(c) The normal weekly hours of work by employees in the affected unit are reduced by not less than 10 percent and not more than 50 percent and the reduction in hours in each affected unit is spread equally among employees in the affected unit.
(d) The plan provides that health benefits and retirement benefits under a defined benefit plan (as defined in section 414(j) of the Internal Revenue Code) or contributions under a defined contribution plan (as defined in section 414(i) of the Internal Revenue Code) shall continue to be provided to the employees in the affected units under the same terms and conditions as though their normal weekly hours of work had not been reduced, or to the same extent as other employees not participating in the worksharing program, and specifies the effect, if any, the reduction in the normal weekly hours of work will have on other fringe benefits provided by the employer.
(e) The plan certifies that the reduction in the normal weekly hours of work is instead of layoffs and states the reason for and expected duration of the work reduction. The plan shall not serve as a subsidy of seasonal employment during the off-season, nor as a subsidy of temporary part-time or intermittent employment.
(f) The plan describes the manner in which the requirements of this section will be implemented (including a plan for giving notice, where feasible, to an employee whose work week is to be reduced) together with an estimate of the number of layoffs that would have occurred absent the ability to participate in the worksharing program. If advance notice of the implementation of the worksharing plan is not feasible, the plan shall explain why it is not feasible.
(g) The written approval by the collective bargaining representative for each affected unit is included in the plan.
(h) The plan specifies a beginning and ending date. The ending date shall be not more than 26 weeks from the beginning date.
(i) The plan contains an agreement by the employer to furnish all reports and information necessary for the administration of the plan and to permit access by the commissioner to all records necessary to verify and evaluate the plan.
(j) No employee's participation in the plan shall be precluded or limited by any particular definition of attachment to the employer, such as length of employment.
(k) The plan applies to only full-time or permanent part-time employees. No seasonal employees may participate in a worksharing plan.
(l) The plan certifies that the employer has paid all contributions, payments in lieu of contributions, interest, or penalty charges due under this chapter.
(m) The plan certifies that its terms and their implementation are consistent with employer obligations under applicable federal and state laws.
II. The commissioner shall approve or reject a worksharing plan in writing no later than 15 business days after its receipt. The commissioner's rejection of the worksharing plan shall be final and shall not be appealable, but rejection shall not prevent an employer from submitting another plan for approval.
III. An approved worksharing plan may be modified only with the approval of the commissioner. The worksharing employer shall notify the commissioner in writing of any proposed changes in the conditions of an approved plan. If the proposed changes meet the requirements for approval of a plan, the commissioner may approve the modifications. If the modifications do not meet the requirements for approval, the commissioner may revoke the plan.
IV. The commissioner may revoke approval of a worksharing plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons for the revocation. Good cause for revocation shall include, but is not limited to, failure to comply with the assurances given in the plan, unreasonable revision of the productivity standards for the affected unit, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of the criteria on which approval of the plan was based. Such action may be initiated at any time by the commissioner on his or her own motion, or at the request of any of the affected unit's employees, or at the request of the appropriate collective bargaining agent. The revocation order shall be final and shall not be appealed.
V. At the end of the worksharing period provided in subparagraph I(g), the worksharing employer may submit a new worksharing plan to the commissioner for approval.
VI. The provisions of RSA 282-A:161, RSA 282-A:163, RSA 282-A:164, RSA 282-A:165, RSA 282-A:166, and RSA 282-A:166-a shall apply to any information submitted in connection with an application for approval or modification of a worksharing plan, the implementation of an approved worksharing plan, or the payment of worksharing benefits. An employer shall also be liable for the repayment to the commissioner of any worksharing benefits improperly paid by the commissioner as a result of information the employer submitted to the commissioner in connection with the approval, modification, or implementation of a worksharing plan which is substantially misleading or contains a material misrepresentation of fact. In addition, a claimant shall be liable for the repayment to the commissioner of any worksharing benefits which were improperly paid due to the fault of the claimant. The commissioner may utilize any remedies provided by this chapter to recover worksharing benefits.
Source.
2010, 28:1, eff. May 11, 2010. 2013, 210:1, eff. Sept. 8, 2013.