Bill Text: OH HB434 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require certain employers to give advanced notice of mass layoffs, worksite closings, and transfers of operation.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2010-02-02 - To Commerce & Labor [HB434 Detail]

Download: Ohio-2009-HB434-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 434

Representative Yuko 

Cosponsors: Representatives Hagan, Foley, Letson, Luckie, Phillips, Harris, Domenick 

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A BILL

To amend sections 4141.28, 4141.301, and 4141.35 and

1

to enact sections 4143.01 to 4143.09 of the

2

Revised Code to require certain employers to give

3

advanced notice of mass layoffs, worksite

4

closings, and transfers of operation.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4141.28, 4141.301, and 4141.35 be	6
amended and sections 4143.01, 4143.02, 4143.03, 4143.04, 4143.05,	7
4143.06, 4143.07, 4143.08, and 4143.09 of the Revised Code be	8
enacted to read as follows:	9

Sec. 4141.28.

10

BENEFITS	11

(A) FILINGS

12

Applications for determination of benefit rights and claims	13
for benefits shall be filed with the director of job and family	14
services. Such applications and claims also may be filed with an	15
employee of another state or federal agency charged with the duty	16
of accepting applications and claims for unemployment benefits or	17
with an employee of the unemployment insurance commission of	18
Canada.	19

When an unemployed individual files an application for	20
determination of benefit rights, the director shall furnish the	21
individual with an explanation of the individual's appeal rights.	22
The explanation shall describe clearly the different levels of	23
appeal and explain where and when each appeal must be filed.	24

(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS

25

In filing an application, an individual shall furnish the	26
director with the name and address of the individual's most recent	27
separating employer and the individual's statement of the reason	28
for separation from the employer. The director shall promptly	29
notify the individual's most recent separating employer of the	30
filing and request the reason for the individual's unemployment,	31
unless that notice is not necessary under conditions the director	32
establishes by rule. The director may request from the individual	33
or any employer information necessary for the determination of the	34
individual's right to benefits. The employer shall provide the	35
information requested within ten working days after the request is	36
sent. If necessary to ensure prompt determination and payment of	37
benefits, the director shall base the determination on the	38
information that is available.	39

An individual filing an application for determination of	40
benefit rights shall disclose, at the time of filing, whether or	41
not the individual owes child support obligations.	42

(C) MASS LAYOFFS

43

An employer who lays off or separates within any seven-day	44
period fifty or more individuals because of lack of work shall	45
furnish notice to the director of the dates of layoff or	46
separation and the approximate number of individuals being laid	47
off or separated. The notice shall be furnished at least three	48
working days prior to the date of the first day of such layoff or	49
separation. In addition, at the time of the layoff or separation	50
the employer shall furnish to the individual and to the director	51
information necessary to determine the individual's eligibility	52
for unemployment compensation.	53

(D) DETERMINATION OF BENEFIT RIGHTS

54

The director shall promptly examine any application for	55
determination of benefit rights. On the basis of the information	56
available to the director under this chapter, the director shall	57
determine whether or not the application is valid, and if valid,	58
the date on which the benefit year shall commence and the weekly	59
benefit amount. The director shall promptly notify the applicant,	60
employers in the applicant's base period, and any other interested	61
parties of the determination and the reasons for it. In addition,	62
the determination issued to the claimant shall include the total	63
amount of benefits payable. The determination issued to each	64
chargeable base period employer shall include the total amount of	65
benefits that may be charged to the employer's account.	66

(E)(D) CLAIM FOR BENEFITS

67

The director shall examine the first claim and any additional	68
claim for benefits. On the basis of the information available, the	69
director shall determine whether the claimant's most recent	70
separation and, to the extent necessary, prior separations from	71
work, allow the claimant to qualify for benefits. Written notice	72
of the determination granting or denying benefits shall be sent to	73
the claimant, the most recent separating employer, and any other	74
employer involved in the determination, except that written notice	75
is not required to be sent to the claimant if the reason for	76
separation is lack of work and the claim is allowed.	77

If the director identifies an eligibility issue, the director	78
shall send notice to the claimant of the issue identified and	79
specify the week or weeks involved. The claimant has a minimum of	80
five business days after the notice is sent to respond to the	81
information included in the notice, and after the time allowed as	82
determined by the director, the director shall make a	83
determination. The claimant's response may include a request for a	84
fact-finding interview when the eligibility issue is raised by an	85
informant or source other than the claimant, or when the	86
eligibility issue, if determined adversely, disqualifies the	87
claimant for the duration of the claimant's period of	88
unemployment.	89

When the determination of a continued claim for benefits	90
results in a disallowed claim, the director shall notify the	91
claimant of the disallowance and the reasons for it.	92

(F)(E) ELIGIBILITY NOTICE

93

Any base period or subsequent employer of a claimant who has	94
knowledge of specific facts affecting the claimant's right to	95
receive benefits for any week may notify the director in writing	96
of those facts. The director shall prescribe a form for such	97
eligibility notice, but failure to use the form shall not preclude	98
the director's examination of any notice.	99

To be considered valid, an eligibility notice must: contain	100
in writing, a statement that identifies either a source who has	101
firsthand knowledge of the information or an informant who can	102
identify the source; provide specific and detailed information	103
that may potentially disqualify the claimant; provide the name and	104
address of the source or the informant; and appear to the director	105
to be reliable and credible.	106

An eligibility notice is timely filed if received or	107
postmarked prior to or within forty-five calendar days after the	108
end of the week with respect to which a claim for benefits is	109
filed by the claimant. An employer who timely files a valid	110
eligibility notice shall be an interested party to the claim for	111
benefits which is the subject of the notice.	112

The director shall consider the information contained in the	113
eligibility notice, together with other available information.	114
After giving the claimant notice and an opportunity to respond,	115
the director shall make a determination and inform the notifying	116
employer, the claimant, and other interested parties of the	117
determination.	118

(G)(F) CORRECTED DETERMINATION

119

If the director finds within the fifty-two calendar weeks	120
beginning with the Sunday of the week during which an application	121
for benefit rights was filed or within the benefit year that a	122
determination made by the director was erroneous due to an error	123
in an employer's report or any typographical or clerical error in	124
the director's determination, or as shown by correct remuneration	125
information received by the director, the director shall issue a	126
corrected determination to all interested parties. The corrected	127
determination shall take precedence over and void the prior	128
determination of the director. The director shall not issue a	129
corrected determination when the commission or a court has	130
jurisdiction with respect to that determination.	131

(H)(G) EFFECT OF COMMISSION DECISIONS

132

In making determinations, the director shall follow decisions	133
of the unemployment compensation review commission which have	134
become final with respect to claimants similarly situated.	135

(I)(H) PROMPT PAYMENTS

136

If benefits are allowed by the director, a hearing officer,	137
the commission, or a court, the director shall pay benefits	138
promptly, notwithstanding any further appeal, provided that if	139
benefits are denied on appeal, of which the parties have notice	140
and an opportunity to be heard, the director shall withhold	141
payment of benefits pending a decision on any further appeal.	142

Sec. 4141.301.  (A) As used in this section, unless the	143
context clearly requires otherwise:	144

(1) "Extended benefit period" means a period which:

145

(a) Begins with the third week after a week for which there	146
is a state "on" indicator; and	147

(b) Ends with either of the following weeks, whichever occurs	148
later:	149

(i) The third week after the first week for which there is a	150
state "off" indicator; or	151

(ii) The thirteenth consecutive week of such period.

152

Except, that no extended benefit period may begin by reason	153
of a state "on" indicator before the fourteenth week following the	154
end of a prior extended benefit period which was in effect with	155
respect to this state.	156

(2) There is a "state 'on' indicator" for this state for a	157
week if the director of job and family services determines, in	158
accordance with the regulations of the United States secretary of	159
labor, that for the period consisting of such week and the	160
immediately preceding twelve weeks, the rate of insured	161
unemployment, not seasonally adjusted, under Chapter 4141. of the	162
Revised Code:	163

(a) Equaled or exceeded one hundred twenty per cent of the	164
average of such rates for the corresponding thirteen-week period	165
ending in each of the preceding two calendar years and equaled or	166
exceeded five per cent;	167

(b) For weeks of unemployment such rate of insured	168
unemployment:	169

(i) Met the criteria set forth in division (A)(2)(a) of this	170
section; or	171

(ii) Equaled or exceeded six per cent.

172

(3)(a) For weeks of unemployment beginning on or after	173
February 22, 2009, there is a "state 'on' indicator" for this	174
state for a week if the director determines both of the following	175
are satisfied:	176

(i) That the average rate of total unemployment, seasonally	177
adjusted, as determined by the United States secretary of labor,	178
for the period consisting of the most recent three months for	179
which data for all states are published before the close of that	180
week equals or exceeds six and one-half per cent;	181

(ii) That the average rate of total unemployment, seasonally	182
adjusted, as determined by the United States secretary of labor,	183
for the three-month period described in division (A)(3)(a)(i) of	184
this section, equals or exceeds one hundred ten per cent of the	185
average for either or both of the corresponding three-month	186
periods ending in the two preceding calendar years.	187

(b) Division (A)(3) of this section is effective on and after	188
February 22, 2009, and shall cease to be effective either on	189
December 6, 2009, or until the close of the last day of the week	190
ending three weeks prior to the last week for which federal	191
sharing is authorized under Section 2005(a) of the "American	192
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123	193
Stat. 115, whichever is later.	194

(4) A "state 'off' indicator" exists for the state for a week	195
if the director determines, in accordance with the regulations of	196
the United States secretary of labor, that for the period	197
consisting of such week and the immediately preceding twelve	198
weeks, the rate of insured unemployment, not seasonally adjusted,	199
under Chapter 4141. of the Revised Code:	200

(a) Was less than one hundred twenty per cent of the average	201
of such rates for the corresponding thirteen-week period ending in	202
each of the preceding two calendar years and was less than five	203
per cent;	204

(b) For weeks of unemployment such rate of insured	205
unemployment:	206

(i) Was less than six per cent; and

207

(ii) Met the criteria set forth in division (A)(4)(a) of this	208
section.	209

(5) For weeks of unemployment beginning on or after February	210
22, 2009, there is a "state 'off' indicator" for this state for a	211
week if the director determines, in accordance with the	212
regulations adopted by the United States secretary of labor, that	213
for the period consisting of that week and the immediately	214
preceding twelve weeks, the total rate of unemployment, seasonally	215
adjusted, under this chapter, was less than one hundred ten per	216
cent of such average for either or both of the corresponding	217
three-month periods ending in the two preceding calendar years,	218
and was less than six and one-half per cent.	219

(6) "Rate of insured unemployment," for purposes of divisions	220
(A)(2) and (4) of this section, means the percentage derived by	221
dividing:	222

(a) The average weekly number of individuals filing claims	223
for regular compensation in this state for weeks of unemployment	224
with respect to the most recent thirteen-consecutive-week period,	225
as determined by the director on the basis of the director's	226
reports to the United States secretary of labor, by	227

(b) The average monthly employment covered under Chapter	228
4141. of the Revised Code, for the first four of the most recent	229
six completed calendar quarters ending before the end of such	230
thirteen-week period.	231

(7) "Regular benefits" means benefits payable to an	232
individual, as defined in division (C) of section 4141.01 of the	233
Revised Code, or under any other state law, including dependents'	234
allowance and benefits payable to federal civilian employees and	235
to ex-servicepersons pursuant to the "Act of September 6, 1966,"	236
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and	237
additional benefits as defined in division (A)(12) of this	238
section.	239

(8) "Extended benefits" means benefits, including benefits	240
payable to federal civilian employees and to ex-servicepersons	241
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5	242
U.S.C.A. 8501, and additional benefits, payable to an individual	243
under the provisions of this section for weeks of unemployment in	244
the individual's eligibility period.	245

(9) "Eligibility period" of an individual means the period	246
consisting of the weeks in the individual's benefit year which	247
begin in an extended benefit period and, if the individual's	248
benefit year ends within the extended benefit period, any weeks	249
thereafter which begin in the period.	250

(10) "Exhaustee" means an individual who, with respect to any	251
week of unemployment in the individual's eligibility period:	252

(a) Has received prior to the week, all of the regular	253
benefits that were available to the individual under Chapter 4141.	254
of the Revised Code, or any other state law, including dependents'	255
allowance and benefits payable to federal civilian employees and	256
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	257
585, 5 U.S.C.A. 8501, in the individual's current benefit year	258
that includes the week;	259

(b) Has received, prior to the week, all of the regular	260
benefits that were available to the individual under this chapter	261
or any other state law, including dependents' allowances and	262
regular benefits available to federal civilian employees and	263
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	264
585, 5 U.S.C.A. 8501, in the individual's current benefit year	265
that includes the week, after the cancellation of some or all of	266
the individual's wage credits or the total or partial reduction of	267
the individual's right to regular benefits, provided that, for the	268
purposes of divisions (A)(10)(a) and (10)(b) of this section, an	269
individual shall be deemed to have received in the individual's	270
current benefit year all of the regular benefits that were either	271
payable or available to the individual even though:	272

(i) As a result of a pending appeal with respect to wages or	273
employment, or both, that were not included in the original	274
monetary determination with respect to the individual's current	275
benefit year, the individual may subsequently be determined to be	276
entitled to more regular benefits, or	277

(ii) By reason of section 4141.33 of the Revised Code, or the	278
seasonal employment provisions of another state law, the	279
individual is not entitled to regular benefits with respect to the	280
week of unemployment, although the individual may be entitled to	281
regular benefits with respect to future weeks of unemployment in	282
either the next season or off season in the individual's current	283
benefit year, and the individual is otherwise an "exhaustee"	284
within the meaning of this section with respect to the right to	285
regular benefits under state law seasonal employment provisions	286
during either the season or off season in which that week of	287
unemployment occurs, or	288

(iii) Having established a benefit year, no regular benefits	289
are payable to the individual during the year because the	290
individual's wage credits were cancelled or the individual's right	291
to regular benefits was totally reduced as the result of the	292
application of a disqualification; or	293

(c) The individual's benefit year having expired prior to the	294
week, has no, or insufficient, wages or weeks of employment on the	295
basis of which the individual could establish in any state a new	296
benefit year that would include the week, or having established a	297
new benefit year that includes the week, the individual is	298
precluded from receiving regular benefits by reason of a state law	299
which meets the requirements of section 3304 (a)(7) of the	300
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301 to	301
3311; and	302

(i) Has no right for the week to unemployment benefits or	303
allowances, as the case may be, under the Railroad Unemployment	304
Insurance Act, the Trade Act of 1974, and other federal laws as	305
are specified in regulations issued by the United States secretary	306
of labor; and	307

(ii) Has not received and is not seeking for the week	308
unemployment benefits under the unemployment compensation law of	309
the Virgin Islands, prior to the day after that on which the	310
secretary of labor approves the unemployment compensation law of	311
the Virgin Islands, or of Canada; or if the individual is seeking	312
benefits and the appropriate agency finally determines that the	313
individual is not entitled to benefits under the law for the week.	314

(11) "State law" means the unemployment insurance law of any	315
state, approved by the United States secretary of labor under	316
section 3304 of the Internal Revenue Code of 1954.	317

(12) "Additional benefits" means benefits totally financed	318
by a state and payable to exhaustees by reason of high	319
unemployment or by reason of other special factors under the	320
provisions of any state law.	321

(B) Except when the result would be inconsistent with the	322
other provisions of this section, as provided in the regulations	323
of the director, the provisions of Chapter 4141. of the Revised	324
Code, which apply to claims for, or the payment of, regular	325
benefits, shall apply to claims for, and the payment of, extended	326
benefits.	327

(C) Any individual shall be eligible to receive extended	328
benefits with respect to any week of unemployment in the	329
individual's eligibility period only if the director finds that,	330
with respect to such week:	331

(1) The individual is an "exhaustee" as defined in division	332
(A)(10) of this section; and	333

(2) The individual has satisfied the requirements of Chapter	334
4141. of the Revised Code, for the receipt of regular benefits	335
that are applicable to individuals claiming extended benefits,	336
including not being subject to a disqualification for the receipt	337
of benefits.	338

(D) The weekly extended benefit amount payable to an	339
individual for a week of total unemployment in the individual's	340
eligibility period shall be the same as the weekly benefit amount	341
payable to the individual during the individual's applicable	342
benefit year.	343

(E) Except as provided in division (F) of this section, the	344
total extended benefit amount payable to any eligible individual	345
with respect to the individual's applicable benefit year shall be	346
the lesser of the following amounts:	347

(1) Fifty per cent of the total amount of regular benefits,	348
including dependents' allowances which were payable to the	349
individual under Chapter 4141. of the Revised Code, in the	350
individual's applicable benefit year;	351

(2) Thirteen times the individual's weekly benefit amount,	352
including dependents' allowances, which was payable to the	353
individual under Chapter 4141. of the Revised Code, for a week of	354
total unemployment in the applicable benefit year; provided, that	355
in making the computation under divisions (E)(1) and (2) of this	356
section, any amount which is not a multiple of one dollar shall be	357
rounded to the next lower multiple of one dollar.	358

(F) For purposes of this division, "high-unemployment period"	359
means a period during which an extended benefit period would be in	360
effect if division (A)(3)(a)(i) of this section were applied by	361
substituting "eight per cent" for "six and one-half per cent."	362

Effective with respect to weeks beginning in a	363
high-unemployment period, the total extended benefit amount	364
payable to an eligible individual with respect to the applicable	365
benefit year shall be the lesser of the following amounts:	366

(1) Eighty per cent of the total amount of regular benefits	367
that were payable to the individual pursuant to this section in	368
the individual's applicable benefit year;	369

(2) Twenty times the individual's average weekly benefit	370
amount that was payable to the individual pursuant to this section	371
for a week of total unemployment in the applicable benefit year.	372

(G) Division (F) of this section is effective on and after	373
February 22, 2009, and shall cease to be effective either on	374
December 6, 2009, or until the close of the last day of the week	375
ending three weeks prior to the last week for which federal	376
sharing is authorized under Section 2005(a) of the "American	377
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123	378
Stat. 115, whichever is later. Notwithstanding this division, the	379
extended benefits authorized by division (A)(3) of this section	380
shall continue to be paid to any individual who, as of December	381
26, 2009, has a balance of weeks remaining to be paid in the claim	382
until such weeks are exhausted or the individual is reemployed,	383
whichever occurs first, but in no event beyond May 29, 2010.	384

(H)(1) Except as provided in division (H)(2) of this section,	385
an individual eligible for extended benefits pursuant to an	386
interstate claim filed in any state under the interstate benefit	387
payment plan shall not be paid extended benefits for any week in	388
which an extended benefit period is not in effect in such state.	389

(2) Division (H)(1) of this section does not apply with	390
respect to the first two weeks for which extended compensation is	391
payable to an individual, as determined without regard to this	392
division, pursuant to an interstate claim filed under the	393
interstate benefit payment plan from the total extended benefit	394
amount payable to that individual in the individual's applicable	395
benefit year.	396

(3) Notwithstanding any other provisions of this section, if	397
the benefit year of any individual ends within an extended benefit	398
period, the remaining balance of extended benefits that the	399
individual would, but for this section, be entitled to receive in	400
that extended benefit period, with respect to weeks of	401
unemployment beginning after the end of the benefit year, shall be	402
reduced, but not below zero, by the product of the number of weeks	403
for which the individual received any amounts as trade	404
readjustment allowances within that benefit year, multiplied by	405
the individual's weekly benefit amount for extended benefits.	406

(I)(1) Whenever an extended benefit period is to become	407
effective in this state, as a result of a state "on" indicator, or	408
an extended benefit period is to be terminated in this state as a	409
result of a state "off" indicator, the director shall make an	410
appropriate public announcement.	411

(2) Computations required by division (A)(6) of this section	412
shall be made by the director, in accordance with the regulations	413
prescribed by the United States secretary of labor.	414

(J)(1)(a) The director shall promptly examine any application	415
for extended benefits filed and, under this section, determine	416
whether the application is to be allowed or disallowed and, if	417
allowed, the weekly and total extended benefits payable and the	418
effective date of the application. The claimant, the claimant's	419
most recent employer, and any other employer in the base period of	420
the claim upon which the extended benefits are based, and who was	421
chargeable for regular benefits based on such claim, shall be	422
notified of such determination.	423

(b) The determination issued to the most recent or other base	424
period employer shall include the total amount of extended	425
benefits that may be charged to the employer's account. Such	426
potential charge amount shall be an amount equal to one-fourth of	427
the regular benefits chargeable to the employer's account on the	428
regular claim upon which extended benefits are based except that,	429
effective January 1, 1979, the potential charge amount to the	430
state and its instrumentalities, its political subdivisions and	431
their instrumentalities, and Indian tribes shall be an amount	432
equal to one-half of the regular benefits chargeable to their	433
accounts on such claim. If regular benefits were chargeable to the	434
mutualized account, in lieu of an employer's account, then the	435
extended benefits which are based on such prior mutualized	436
benefits shall also be charged to the mutualized account.	437

(c) As extended benefits are paid to eligible individuals:

438

(i) One-half of such benefits shall be charged to an extended	439
benefit account to which reimbursement payments of one-half of	440
extended benefits, received from the federal government as	441
described in division (L) of this section, shall be credited;	442
and	443

(ii) One-half of the extended benefits shall be charged to	444
the accounts of base period employers and the mutualized account	445
in the same proportion as was provided for on the regular claim;	446
or	447

(iii) The full amount of extended benefits shall be charged	448
to the accounts of the state and its instrumentalities, its	449
political subdivisions and their instrumentalities, and Indian	450
tribes. Employers making payments in lieu of contributions shall	451
be charged in accordance with division (B)(1) of section 4141.241	452
of the Revised Code; or	453

(iv) In the case of payments under division (A)(3) of this	454
section that are fully funded under Section 2005(a) of the	455
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	456
111-5, 123 Stat. 115, none of the extended benefits shall be	457
charged to the accounts of base period employers or to the	458
mutualized account.	459

(d) If the application for extended benefits is disallowed, a	460
determination shall be issued to the claimant, which determination	461
shall set forth the reasons for the disallowance. Determinations	462
issued under this division, whether allowed or disallowed, shall	463
be subject to reconsideration and appeal in accordance with	464
section 4141.281 of the Revised Code.	465

(2) Any additional or continued claims, as described in	466
division (F) of section 4141.01 of the Revised Code, filed by an	467
individual at the beginning of, or during, the individual's	468
extended benefit period shall be determined under division (E)(D)	469
of section 4141.28 of the Revised Code, and such determination	470
shall be subject to reconsideration and appeal in accordance with	471
section 4141.281 of the Revised Code.	472

(K) Notwithstanding division (B) of this section, payment of	473
extended benefits under this section shall not be made to any	474
individual for any week of unemployment in the individual's	475
eligibility period during which the individual fails to accept any	476
offer of suitable work, as defined in division (K)(2) of this	477
section, or fails to apply for any suitable work to which the	478
individual was referred by the director, or fails to actively	479
engage in seeking work, as prescribed in division (K)(4) of this	480
section.	481

(1) If any individual is ineligible for extended benefits for	482
any week by reason of a failure described in this division, the	483
individual shall be ineligible to receive extended benefits	484
beginning with the week in which the failure occurred and	485
continuing until the individual has been employed during each of	486
four subsequent weeks and the total remuneration earned by the	487
individual for this employment is equal to or more than four times	488
the individual's weekly extended benefit amount, and has met all	489
other eligibility requirements of this section, in order to	490
establish entitlement to extended benefits.	491

(2) For purposes of this section, the term "suitable work"	492
means, with respect to an individual, any work which is within the	493
individual's capabilities, provided that with respect to the	494
position all of the following requirements are met:	495

(a) It offers the individual gross average weekly	496
remuneration of more than the sum of:	497

(i) The individual's extended weekly benefit amount; and

498

(ii) The amount of supplemental unemployment compensation	499
benefits, as defined in section 501(c)(17)(D) of the "Internal	500
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to	501
the individual for the week of unemployment.	502

(b) It pays equal to or more than the higher of:

503

(i) The minimum wage provided by section 6(a)(1) of the "Fair	504
Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 206,	505
without regard to any exemption; or	506

(ii) Any applicable state or local minimum wage.

507

(c) It is offered to the individual in writing or is listed	508
with the employment office maintained or designated by the	509
director.	510

(3) Extended benefits shall not be denied under this division	511
to any individual for any week by reason of a failure to accept an	512
offer of, or apply for suitable work if either of the following	513
conditions apply:	514

(a) The failure would not result in a denial of benefits to a	515
regular benefit claimant under section 4141.29 of the Revised Code	516
to the extent that section 4141.29 of the Revised Code is not	517
inconsistent with division (K)(2) of this section;	518

(b) The individual furnishes evidence satisfactory to the	519
director that the individual's prospects for obtaining work in the	520
individual's customary occupation within a reasonably short period	521
are good. If the evidence is deemed satisfactory, the	522
determination as to whether any work is suitable work with respect	523
to this individual and whether the individual is ineligible or	524
disqualified shall be based upon the meaning of "suitable work"	525
and other provisions in section 4141.29 of the Revised Code.	526

(4) For purposes of this section, an individual shall be	527
treated as actively engaged in seeking work during any week if:	528

(a) The individual has engaged in a systematic and sustained	529
effort to obtain work during that week; and	530

(b) The individual provides tangible evidence to the director	531
that the individual has engaged in the effort during that week.	532

(5) The director shall refer applicants for extended benefits	533
to job openings that meet the requirements of divisions (E) and	534
(F) of section 4141.29 of the Revised Code, and in the case of	535
applicants whose prospects are determined not to be good under	536
division (K)(3)(b) of this section to any suitable work which	537
meets the criteria in divisions (K)(2) and (3)(a) of this section.	538

(6) Individuals denied extended or regular benefits under	539
division (D)(1)(b) of section 4141.29 of the Revised Code because	540
of being given a disciplinary layoff for misconduct must, after	541
the date of disqualification, work the length of time and earn the	542
amount of remuneration specified in division (K)(1) of this	543
section, and meet all other eligibility requirements of this	544
section, in order to establish entitlement to extended benefits.	545

(L) All payments of extended benefits made pursuant to this	546
section shall be paid out of the unemployment compensation fund,	547
provided by section 4141.09 of the Revised Code, and all payments	548
of the federal share of extended benefits that are received as	549
reimbursements under section 204 of the "Federal-State Extended	550
Unemployment Compensation Act of 1970," 84 Stat. 696, 26 U.S.C.A.	551
3306, shall be deposited in such unemployment compensation fund	552
and shall be credited to the extended benefit account established	553
by division (I) of this section. Any refund of extended benefits,	554
because of prior overpayment of such benefits, may be made from	555
the unemployment compensation fund.	556

(M) In the administration of the provisions of this section	557
which are enacted to conform with the requirements of the	558
"Federal-State Extended Unemployment Compensation Act of 1970," 84	559
Stat. 696, 26 U.S.C.A. 3306, the director shall take such action	560
consistent with state law, as may be necessary:	561

(1) To ensure that the provisions are so interpreted and	562
applied as to meet the requirements of the federal act as	563
interpreted by the United States department of labor; and	564

(2) To secure to this state the full reimbursement of the	565
federal share of extended benefits paid under this section that	566
are reimbursable under the federal act.	567

Sec. 4141.35.  (A) If the director of job and family services	568
finds that any fraudulent misrepresentation has been made by an	569
applicant for or a recipient of benefits with the object of	570
obtaining benefits to which the applicant or recipient was not	571
entitled, and in addition to any other penalty or forfeiture under	572
this chapter, then the director:	573

(1) Shall within four years after the end of the benefit year	574
in which the fraudulent misrepresentation was made reject or	575
cancel such person's entire weekly claim for benefits that was	576
fraudulently claimed, or the person's entire benefit rights if the	577
misrepresentation was in connection with the filing of the	578
claimant's application for determination of benefit rights;	579

(2) Shall by order declare that, for each application for	580
benefit rights and for each weekly claim canceled, such person	581
shall be ineligible for two otherwise valid weekly claims for	582
benefits, claimed within six years subsequent to the discovery of	583
such misrepresentation;	584

(3) By order shall require that the total amount of benefits	585
rejected or canceled under division (A)(1) of this section be	586
repaid to the director before such person may become eligible for	587
further benefits, and shall withhold such unpaid sums from future	588
benefit payments accruing and otherwise payable to such claimant.	589
Effective with orders issued on or after January 1, 1993, if such	590
benefits are not repaid within thirty days after the director's	591
order becomes final, interest on the amount remaining unpaid shall	592
be charged to the person at a rate and calculated in the same	593
manner as provided under section 4141.23 of the Revised Code. When	594
a person ordered to repay benefits has repaid all overpaid	595
benefits according to a plan approved by the director, the	596
director may cancel the amount of interest that accrued during the	597
period of the repayment plan. The director may take action in the	598
courts of this state to collect benefits and interest as provided	599
in sections 4141.23 and 4141.27 of the Revised Code, in regard to	600
the collection of unpaid contributions, using the final repayment	601
order as the basis for such action. No administrative or legal	602
proceedings for the collection of such benefits or interest due	603
shall be initiated after the expiration of six years from the date	604
on which the director's order requiring repayment became final and	605
the amount of any benefits or interest not recovered at that time,	606
and any liens thereon, shall be canceled as uncollectible.	607

(4) May take action to collect benefits fraudulently obtained	608
under the unemployment compensation law of any other state or the	609
United States or Canada. Such action may be initiated in the	610
courts of this state in the same manner as provided for unpaid	611
contributions in section 4141.41 of the Revised Code.	612

(5) May take action to collect benefits that have been	613
fraudulently obtained from the director, interest pursuant to	614
division (A)(3) of this section, and court costs, through	615
attachment proceedings under Chapter 2715. of the Revised Code and	616
garnishment proceedings under Chapter 2716. of the Revised Code.	617

(B) If the director finds that an applicant for benefits has	618
been credited with a waiting period or paid benefits to which the	619
applicant was not entitled for reasons other than fraudulent	620
misrepresentation, the director shall:	621

(1)(a) Within six months after the determination under which	622
the claimant was credited with that waiting period or paid	623
benefits becomes final pursuant to section 4141.28 of the Revised	624
Code, or within three years after the end of the benefit year in	625
which such benefits were claimed, whichever is later, by order	626
cancel such waiting period and require that such benefits be	627
repaid to the director or be withheld from any benefits to which	628
such applicant is or may become entitled before any additional	629
benefits are paid, provided that the repayment or withholding	630
shall not be required where the overpayment is the result of the	631
director's correcting a prior decision due to a typographical or	632
clerical error in the director's prior decision, or an error in an	633
employer's report under division (G)(F) of section 4141.28 of the	634
Revised Code.	635

(b) The limitation specified in division (B)(1)(a) of this	636
section shall not apply to cases involving the retroactive payment	637
of remuneration covering periods for which benefits were	638
previously paid to the claimant. However, in such cases, the	639
director's order requiring repayment shall not be issued unless	640
the director is notified of such retroactive payment within six	641
months from the date the retroactive payment was made to the	642
claimant.	643

(2) The director may, by reciprocal agreement with the United	644
States secretary of labor or another state, recover overpayment	645
amounts from unemployment benefits otherwise payable to an	646
individual under Chapter 4141. of the Revised Code. Any	647
overpayments made to the individual that have not previously been	648
recovered under an unemployment benefit program of the United	649
States may be recovered in accordance with section 303(g) of the	650
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	651
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	652
3301 to 3311.	653

(3) If the amounts required to be repaid under division (B)	654
of this section are not recovered within three years from the date	655
the director's order requiring payment became final, initiate no	656
further action to collect such benefits and the amount of any	657
benefits not recovered at that time shall be canceled as	658
uncollectible.	659

(C) The appeal provisions of sections 4141.281 and 4141.282	660
of the Revised Code shall apply to all orders and determinations	661
issued under this section, except that an individual's right of	662
appeal under division (B)(2) of this section shall be limited to	663
this state's authority to recover overpayment of benefits.	664

(D) If an individual makes a full repayment or a repayment	665
that is less than the full amount required by this section, the	666
director shall apply the repayment to the mutualized account under	667
division (B) of section 4141.25 of the Revised Code, except that	668
the director shall credit the repayment to the accounts of the	669
individual's base period employers that previously have not been	670
credited for the amount of improperly paid benefits charged	671
against their accounts based on the proportion of benefits charged	672
against the accounts as determined pursuant to division (D) of	673
section 4141.24 of the Revised Code.	674

The director shall deposit any repayment collected under this	675
section that the director determines to be payment of interest or	676
court costs into the unemployment compensation special	677
administrative fund established pursuant to section 4141.11 of the	678
Revised Code.	679

Sec. 4143.01. As used in this chapter:

680

(A) "Affected employee" means any person who may reasonably	681
be expected to experience an employment loss as a result of a	682
proposed mass layoff, worksite closing, or transfer of operations	683
undertaken by the person's employer. "Affected employee" includes	684
an employee who does not work from a single site of employment but	685
who reports to a single site of employment or to supervisory	686
personnel who report to such a site and an employee who	687
experiences employment loss as a foreseeable result of the	688
downsizing at a single site of the employee's employer.	689

(B)(1) "Employment loss" means either of the following:

690

(a) An employment termination other than a discharge for	691
cause or voluntary departure, except that an employee who	692
voluntarily departs from employment during the notice period in	693
anticipation of a mass layoff, worksite closing, or transfer of	694
operations shall be considered to have experienced an employment	695
loss under this chapter;	696

(b) A layoff exceeding four months.

697

(2) "Employment loss" does not include a mass layoff,	698
worksite closing, or transfer of operations that is the result of	699
the relocation or consolidation of part or all of the employer's	700
business if, prior to the layoff, closing, or transfer the	701
employer offers the employee either of the following options:	702

(a) A reassignment to a different site of employment within a	703
reasonable commuting distance, resulting in no more than a	704
one-month break in employment;	705

(b) A reassignment to any other site of employment,	706
regardless of distance, resulting in no more than a two-month	707
break in employment, but only if the employee accepts the offer	708
within thirty days of either the offer or of the mass layoff,	709
worksite closing, or transfer of operations, whichever is later.	710

(C) "Employer" means any business enterprise that employs	711
fifty or more full-time or part-time employees. In that it	712
directly owns and operates its corporate subsidiary, a parent	713
corporation is an employer for purposes of this chapter.	714

(D) "Mass layoff" means a reduction in workforce resulting in	715
an employment loss at a single site of employment of twenty-five	716
or more full-time or part-time employees in a thirty-day period,	717
and that reduction in workforce is not the result of a worksite	718
closing or transfer of operations.	719

(E) "Political subdivision" means a county, township, or	720
municipal corporation in this state.	721

(F) "Representative" means an exclusive representative of	722
employees within the meaning of section 9(a) of the "National	723
Labor Relations Act," 49 Stat. 449, 29 U.S.C. 151 et seq., and the	724
"Railway Labor Act," 44 Stat. 577, 45 U.S.C. 151 et seq.	725

(G) "Transfer of operations" means the removal of all, or	726
substantially all, of the operations of a single site of	727
employment to a different location that is at least fifty miles	728
away, resulting in employment loss of twenty-five or more	729
full-time or part-time employees.	730

(H) "Worksite closing" means the permanent or temporary	731
shutdown of a single site of employment, or one or more facilities	732
or operating units, resulting in an employment loss of twenty-five	733
or more full-time or part-time employees.	734

Sec. 4143.02. (A)(1) Except as provided in section 4143.05 of	735
the Revised Code, an employer shall not order a mass layoff,	736
worksite closing, or transfer of operations unless, at least	737
ninety days before the order takes effect, the employer gives	738
written notice of the mass layoff, worksite closing, or transfer	739
of operations in accordance with this section and section 4143.03	740
of the Revised Code. The employer shall give the notice to each of	741
the following persons or entities:	742

(a) An affected employee;

743

(b) The representative of any affected employee;

744

(c) The department of job and family services;

745

(d) The local workforce policy boards established under	746
section 6301.06 of the Revised Code for the locality within which	747
the mass layoff, worksite closing, or transfer of operations will	748
occur;	749

(e) The chief elected official of the political subdivision	750
within which the mass layoff, worksite closing, or transfer of	751
operations will occur.	752

(2) If the mass layoff, worksite closing, or transfer of	753
operations will result in employment loss to two hundred fifty or	754
more employees, the employer shall give the written notice	755
required under division (A)(1) of this section at least one	756
hundred twenty days before the order for the mass layoff, worksite	757
closing, or transfer of operations takes effect.	758

(B) Multiple employment losses that occur at a single site of	759
employment within a one-hundred-eighty-day period shall be	760
aggregated for purposes of determining whether a mass layoff,	761
worksite closing, or transfer of operations would occur requiring	762
notice under this chapter, unless the employer can show that the	763
individual employment losses arose from separate and distinct	764
causes.	765

(C) When part or all of an employer's business is sold, the	766
seller shall be responsible for providing notice under this	767
section up to and including the effective date of the sale. After	768
the effective date of the sale, the purchaser shall be responsible	769
for providing the notice required by this section.	770

(D) An employer may satisfy the requirements of this section	771
either by including the requisite notice in the affected	772
employee's paycheck or mailing the notice to the affected	773
employee's last known address by either first class or certified	774
mail.	775

Sec. 4143.03. The written notice required under section	776
4143.02 of the Revised Code shall include all items that are	777
required under the "Worker Adjustment and Retraining Notification	778
Act," 102 Stat. 890, 29 U.S.C. 2101, et seq., and all of the	779
following information:	780

(A) The number of affected employees and the date or dates on	781
which the mass layoff, worksite closing, or transfer of operations	782
will occur;	783

(B) The reason for the mass layoff, worksite closing, or	784
transfer of operations;	785

(C) Employment opportunities that are available to affected	786
employees at another establishment operated by the employer and	787
the location and benefits, pay, and other terms and conditions of	788
that other employment;	789

(D) Any rights the employee has relating to the employment	790
loss with respect to wages, severance pay, benefits, pension, and	791
other terms of employment, including any rights based on a	792
collective bargaining agreement or the employer's policy;	793

(E) Any rights the employee has regarding access to the rapid	794
response team created under section 4143.04 of the Revised Code,	795
including the right to receive information, educational materials,	796
referrals, and counseling from the team as provided for in	797
division (B)(3) of section 4143.04 of the Revised Code.	798

Sec. 4143.04. (A) There is hereby created within the	799
department of job and family services a rapid response team. The	800
team shall organize meetings as necessary to provide employers and	801
representatives an opportunity to obtain information about	802
dislocated worker services that are available locally to eligible	803
applicants.	804

(B) In response to a mass layoff, worksite closing, or	805
transfer of operations, the team shall do all of the following:	806

(1) Offer to meet with the employer to discuss available	807
public programs that may make it possible to delay or prevent the	808
mass layoff, worksite closing, or transfer of operations,	809
including economic development incentive and workforce development	810
programs;	811

(2) Facilitate cooperation between the employer and affected	812
employees to most effectively utilize public programs that may	813
make it possible to delay or prevent the mass layoff, worksite	814
closing, or transfer of operations, or to assist employees if it	815
is not possible to delay or prevent the mass layoff, worksite	816
closing, or transfer of operations;	817

(3) Meet on-site with employees as the team determines	818
necessary to provide those employees with information, educational	819
materials, referrals, and counseling regarding all of the	820
following matters:	821

(a) The employees' rights with respect to wages, severance	822
pay, benefits, pensions, and other terms of employment;	823

(b) Retraining programs;

824

(c) Job search assistance;

825

(d) Unemployment compensation benefits;

826

(e) Available public programs that may make it possible to	827
delay or prevent the mass layoff, worksite closing, or transfer of	828
operations, including economic development incentive and workforce	829
development programs;	830

(4) Coordinate with any rapid response activities	831
administered by the state under the "Workforce Investment Act of	832
1998," 112 Stat. 936, 29 U.S.C. 2801.	833

Sec. 4143.05. (A) This chapter shall not apply to a mass	834
layoff, worksite closing, or transfer of operations if the action	835
involves a temporary facility or is the result of the completion	836
of a particular project or undertaking, and the affected employees	837
were hired with the understanding that their employment was	838
limited to the duration of the facility, project, or undertaking.	839

(B)(1) An employer may order a mass layoff, worksite closing,	840
or transfer of operations without giving at least the ninety-day	841
notice required under division (A) of section 4143.02 of the	842
Revised Code if any one of the following situations applies:	843

(a) As of the time that notice would have been required, the	844
employer was actively seeking capital or business that, if	845
obtained, would have enabled the employer to avoid or postpone the	846
mass layoff, worksite closing, or transfer of operations, and the	847
employer reasonably and in good faith believed that giving the	848
required notice would have precluded the employer from obtaining	849
the needed capital or business;	850

(b) The mass layoff, worksite closing, or transfer of	851
operations is caused by business circumstances that were not	852
reasonably foreseeable at the time that notice would have been	853
required;	854

(c) The mass layoff, worksite closing, or transfer of	855
operations is caused by any form of physical calamity, natural	856
disaster, or act of war.	857

(2) An employer who is exempt under division (B)(1) of this	858
section from providing at least a ninety-day notice shall give as	859
much notice of the mass layoff, worksite closing, or transfer of	860
operations as is practicable and shall otherwise comply with the	861
requirements of sections 4143.02 and 4143.03 of the Revised Code.	862
Additionally, the employer shall include as part of the notice a	863
brief statement explaining the reason for not complying with the	864
time requirements of section 4143.02 of the Revised Code.	865

Sec. 4143.06. (A) Any person or entity entitled to notice	866
under section 4143.02 of the Revised Code may file a complaint	867
with the department of job and family services alleging a	868
violation of this chapter within one hundred eighty days after the	869
alleged violation.	870

(B) The department may investigate complaints, issue	871
subpoenas, and determine liabilities and civil penalties in	872
accordance with sections 4143.07 and 4143.08 of the Revised Code.	873
During the department's investigation of a complaint, the	874
complaining party shall not proceed with a civil action unless	875
more than one hundred eighty days have passed since the complaint	876
was filed with the department and the complaining party files with	877
the department a request to withdraw the complaint. Any complaint	878
that is withdrawn for this purpose cannot be re-filed.	879

(C) The director of job and family services may adopt, amend,	880
or rescind rules in accordance with Chapter 119. of the Revised	881
Code to administer this section.	882

Sec. 4143.07. (A) Except as provided in section 4143.06 of	883
the Revised Code, an employee who is entitled to notice under	884
section 4143.02 of the Revised Code, or a representative, the	885
department of job and family services, the attorney general, or a	886
political subdivision acting on the employee's behalf, may file a	887
civil action in an appropriate court alleging a violation of this	888
chapter.	889

(B) In a civil action brought under this section, the court	890
shall order the employer to pay all of the following damages and	891
costs to each affected employee upon finding that the employer	892
violated this chapter:	893

(1) Double back pay for each calendar day of the violation;

894

(2) The value of benefits from the employer's employee	895
benefit plan for the entire advance notification period, including	896
the cost of medical expenses that the employee incurred during the	897
employment loss that would have been covered under the employee	898
benefit plan if the employment loss had not occurred;	899

(3) Other economic damages and exemplary damages suffered by	900
the affected employee and shown by a preponderance of the evidence	901
to have been caused by an employer's violation of this chapter;	902

(4) Reasonable attorney's fees and costs, if the affected	903
employee is the plaintiff.	904

(C) The court shall not use an employee's acceptance of	905
severance payments to offset an award of damages if those payments	906
satisfy either of the following criteria:	907

(1) The payments were voluntary and unconditionally paid in	908
an amount that is less than the value of the wages and benefits to	909
which the affected employee was entitled during the advance	910
notification period;	911

(2) The payments were made pursuant to contractual	912
obligations of the employer.	913

(D) Any claim brought under this section shall be brought	914
within three years of the alleged violation.	915

(E) As used in this section:

916

(1) "Double back pay" means the higher of the following:

917

(a) The average regular rate of compensation received by the	918
affected employee from the employer during the last three years of	919
the employee's employment;	920

(b) The regular rate of compensation received by the affected	921
employee as of the date of the employment loss.	922

(2) "Benefit plan" means a plan under section 3(3) of the	923
"Employment Retirement Income Security Act," 88 Stat. 839, 29	924
U.S.C. 1001, et seq.	925

Sec. 4143.08. (A) The attorney general and the department of	926
job and family services may file a civil action in an appropriate	927
court on behalf of the state or political subdivision alleging a	928
violation of this chapter. A political subdivision entitled to	929
notice under section 4143.02 of the Revised Code may file a civil	930
action in an appropriate court on its own behalf.	931

(B) Upon finding that an employer has failed to notify the	932
department of job and family services or the appropriate political	933
subdivision as required under section 4143.02 of the Revised Code,	934
the court shall order the employer to pay a civil penalty in one	935
of the following amounts:	936

(1) Five hundred dollars for each calendar day of the	937
violation multiplied by the number of employees who suffered an	938
employment loss as a result of the mass layoff, worksite closing,	939
or transfer of operations;	940

(2) If the employer acted in bad faith through intentional,	941
willful, or reckless conduct in violation of this chapter or to	942
avoid application of this chapter, one thousand dollars for each	943
calendar day of the violation multiplied by the number of	944
employees who suffered an employment loss as a result of the mass	945
layoff, worksite closing, or transfer of operations.	946

(C) Any action filed pursuant to this section shall be filed	947
within three years of the alleged violation.	948

Sec. 4143.09. (A) All agreements in which an employee waives	949
the employee's rights under this chapter are voidable before,	950
during, and within thirty days after the notice period specified	951
in section 4143.02 of the Revised Code, unless the employee	952
receives payment in an amount that meets or exceeds the wages and	953
value of benefits to which the employee would have been entitled	954
throughout the advance notification period. If an employee elects	955
to void the agreement, the employee shall return the lesser	956
amounts paid by the employer within fourteen days after voiding	957
the agreement.	958

(B) An employee's waiver of claims or acceptance of any	959
severance payment does not absolve or mitigate an employer's	960
obligation to provide notice to other persons or entities entitled	961
to notice under this chapter.	962

Section 2. That existing sections 4141.28, 4141.301, and	963
4141.35 of the Revised Code are hereby repealed.	964