N.Y. Labor Law § 605: Qualified employers; application

§ 605. Qualified employers; application. An employer who has at least

two full time employees may apply to participate in a shared work

program. The written application shall be made according to such forms

and procedures as the commissioner may specify and shall include such

information as the commissioner may require, including such other

information that the United States Secretary of Labor determines to be

appropriate for purposes of a shared work program. The commissioner

shall not approve such application unless the employer (1) certifies

that for the duration of the program it will not eliminate or diminish

health insurance, medical insurance, retirement benefits or any other

fringe benefits provided to employees immediately prior to the

application unless such benefits provided to employees that do not

participate in the shared work program are reduced or diminished to the

same extent as those employees that participate in the shared work

program; (2) certifies that the collective bargaining agent for the

employees, if any, has agreed to participate in the program; (3)

certifies that if not for the shared work program to be initiated the

employer would reduce or would have reduced its work force to a degree

equivalent to the total number of working hours proposed to be reduced

or restricted for all included employees; (4) certifies that it will not

hire additional part time or full time employees for the affected work

force while the program is in operation; (5) agrees that no participant

of the program shall receive, in the aggregate, more than twenty-six

weeks of benefits exclusive of the waiting week; (6) provides a

description of how workers in the work force will be notified of the

shared work program in advance of it taking effect, if feasible, and if

such notice is not feasible, provides an explanation of why such notice

is not feasible; (7) provides an estimate of the number of workers who

would be laid off if the employer could not participate in the shared

work program; and (8) certifies that the terms of the employer's written

plan and implementation shall be consistent with employer obligations

under applicable federal and state laws.