.................... moves to amend H.F. No. 908 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [268.136] SHARED WORK.
1.4 Subdivision 1. Purpose. Shared work provides partial unemployment benefits to
1.5employees whose normal weekly hours of work are reduced, with a proportional reduction
1.6in total weekly pay, in order to prevent layoffs because of lack of work. This group of
1.7employees may not otherwise be entitled to any unemployment benefits because their
1.8earnings from working reduced hours would cause them to be ineligible and they would
1.9not meet a number of other eligibility requirements.
1.10 Subd. 2. Shared work agreement requirements. (a) An employer may submit a
1.11proposed shared work plan for an employee group to the commissioner for approval in a
1.12manner and format set by the commissioner. The proposed agreement must include:
1.13(1) a certified statement that the normal weekly hours of work of all of the proposed
1.14participating employees was full time but are now reduced, or will be reduced, with a
1.15corresponding reduction in pay, in order to prevent layoffs;
1.16(2) the name and Social Security number of each participating employee;
1.17(3) a certified statement of when each participating employee was first hired by the
1.18employer, which must be at least one year before the proposed agreement is submitted;
1.19(4) the hours of work each participating employee will work each week for the
1.20duration of the agreement, which must be at least 20 hours and no more than 32 hours
1.21per week, except that the agreement may provide for a uniform vacation shutdown of up
1.22to two weeks;
1.23(5) the proposed duration of the agreement, which must be at least two months and
1.24not more than one year, although an agreement may be extended for up to an additional
1.25year upon approval of the commissioner;
1.26(6) a starting date beginning on a Sunday at least 15 calendar days after the date
1.27the proposed agreement is submitted; and
2.1(7) a signature of an owner or officer of the employer who is listed as an owner or
2.2officer on the employer's account under section 268.045.
2.3(b) An agreement may not be approved for an employer that:
2.4(1) has any unemployment tax or reimbursements, including any interest, fees, or
2.5penalties, due but unpaid;
2.6(2) has the maximum experience rating provided for under section 268.051,
2.7subdivision 3; or
2.8(3) is in a high-experience rating industry as defined in section 268.051, subdivision
2.10 Subd. 3. Agreement by commissioner. (a) The commissioner must promptly
2.11review a proposed agreement and notify the employer, by mail or electronic transmission,
2.12within 15 days of receipt, whether the proposal satisfies the requirement of this section. If
2.13the proposal does not comply with this section, the commissioner must specifically state
2.14why the proposal is not in compliance. If a proposed agreement complies with this section,
2.15it must be implemented according to its terms.
2.16(b) The commissioner may reject an agreement if the commissioner has cause to
2.17believe the proposal is not submitted for the purpose of preventing layoffs due to lack
2.19 Subd. 4. Applicant requirements. (a) An applicant, in order to be paid
2.20unemployment benefits under this section, must meet all the requirements under section
2.21268.069, subdivision 1. The following do not apply to an applicant under this section:
2.22(1) the deductible earnings provision of section 268.085, subdivision 5;
2.23(2) the restriction under section 268.085, subdivision 6, if the applicant works
2.24exactly 32 hours in a week;
2.25(3) the requirement of being available for suitable employment; and
2.26(4) the requirement of actively seeking suitable employment.
2.27(b) An applicant is ineligible for unemployment benefits under this section for
2.28any week, if:
2.29(1) the applicant works more than 32 hours in a week in employment with one or
2.30more employer; or
2.31(2) the applicant works more hours in a week for the shared work employer than
2.32the reduced weekly hours provided for in the agreement.
2.33 Subd. 5. Amount of unemployment benefits available. The weekly benefit amount
2.34and maximum amount of unemployment benefits available are computed in accordance
2.35with section 268.07, except that an applicant is paid a reduced amount in direct proportion
2.36to the reduction in hours from the normal weekly hours.
3.1 Subd. 6. Cancellation. (a) An employer may cancel an agreement at any time upon
3.2seven calendar days' notice to the commissioner in a manner and format prescribed by the
3.3commissioner. The cancellation must be signed by an owner or officer of the employer.
3.4(b) An employer that cancels an agreement must provide written notice to each
3.5participating employee in the group of the cancellation at the time notice is sent to the
3.7(c) If an employer cancels an agreement before the expiration date provided for in
3.8subdivision 2, a new agreement may not be entered into with that employer under this
3.9section for at least 60 calendar days.
3.10EFFECTIVE DATE.This section is effective August 2, 2009, except that the
3.11one-year extension of shared work agreements authorized in subdivision 2, (a)(5), is
3.12effective retroactively from January 1, 2009.
Sec. 2. REPEALER.
3.14Minnesota Statutes 2008, section 268.135, is repealed, except that Minnesota
3.15Statutes, section 268.135, applies to a shared work agreement approved by the
3.16commissioner before August 2, 2009, until the expiration of that shared work plan.
3.17EFFECTIVE DATE.This section is effective August 2, 2009.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly