Bill Text: TX SB2103 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requirements regarding an employee's normal weekly hours of work under the shared work unemployment compensation program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to Natural Resources & Economic Development [SB2103 Detail]
Download: Texas-2021-SB2103-Introduced.html
87R1193 KKR-D | ||
By: Zaffirini | S.B. No. 2103 |
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relating to requirements regarding an employee's normal weekly | ||
hours of work under the shared work unemployment compensation | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 215.022(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The commission may approve a shared work plan if: | ||
(1) the plan: | ||
(A) applies to and identifies a specific affected | ||
unit; | ||
(B) identifies the employees in the affected unit | ||
by name and social security number and describes how the employees | ||
will be notified in advance of the plan, if feasible; | ||
(C) provides an estimate of the number of | ||
employees who would be laid off if the employer does not participate | ||
in the shared work plan; | ||
(D) reduces the normal weekly hours of work for | ||
an employee in the affected unit by at least 10 percent but not more | ||
than 60 [ |
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(E) applies to at least 10 percent of the | ||
employees in the affected unit; and | ||
(F) permits eligible employees to participate in | ||
training; | ||
(2) the employer certifies that the implementation of | ||
a shared work plan and the resulting reduction in work hours is in | ||
lieu of layoffs that would: | ||
(A) affect at least 10 percent of the employees | ||
in the affected unit; and | ||
(B) result in an equivalent reduction in work | ||
hours; | ||
(3) the employer certifies that: | ||
(A) if the employer currently provides fringe | ||
benefits, the fringe benefits continue for employees in the | ||
affected unit unless those benefits are not continued for employees | ||
not participating in the shared work plan; and | ||
(B) participation in the shared work plan is | ||
consistent with the employer's obligations under state and federal | ||
law; and | ||
(4) the employer agrees to furnish the commission | ||
reports relating to the operation of the plan as requested by the | ||
commission and any other information the United States secretary of | ||
labor determines is appropriate. | ||
SECTION 2. Section 215.041(b), Labor Code, is amended to | ||
read as follows: | ||
(b) An individual is eligible to receive shared work | ||
benefits for a week in which: | ||
(1) the individual is employed as a member of an | ||
affected unit subject to a shared work plan that was approved before | ||
that week and is in effect for that week; | ||
(2) the individual is able to work and is available for | ||
additional hours of work or for full-time work with the | ||
participating employer; and | ||
(3) the individual's normal weekly hours of work have | ||
been reduced by at least 10 percent but not more than 60 [ |
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percent, with a corresponding reduction in wages. | ||
SECTION 3. (a) The change in law made by this Act applies | ||
only to an initial shared work plan or a shared work plan | ||
modification submitted by an employer to the Texas Workforce | ||
Commission on or after the effective date of this Act. An initial | ||
shared work plan or a shared work plan modification submitted | ||
before the effective date of this Act is governed by the law as it | ||
existed on the date the plan or modification was submitted, and the | ||
former law is continued in effect for that purpose. | ||
(b) A shared work plan modification submitted to the Texas | ||
Workforce Commission on or after the effective date of this Act that | ||
modifies a shared work plan approved by the commission before the | ||
effective date and would reduce an individual's normal weekly hours | ||
of work more than 40 percent is considered to be a substantial | ||
modification under Section 215.025, Labor Code, and the modified | ||
plan must be evaluated and approved by the commission as provided by | ||
that section before implementation. | ||
SECTION 4. This Act takes effect September 1, 2021. |