An employer or employers' association wishing to participate in a shared work compensation program shall submit a written and signed shared work compensation plan to the commissioner for approval. The commissioner shall approve a shared work compensation plan only if the following criteria are met:

     (1) The plan identifies the affected employees to which it applies;

     (2) Each affected employee is identified by name, social security number, and by any other information required by the commissioner;

     (3) The usual weekly hours of work for each affected employee are reduced by not less than ten percent and not more than fifty percent;

     (4) Fringe benefits will continue to be provided on the same basis as before the reduction in work hours. In no event shall the level of health benefits be reduced due to a reduction in hours;

     (5) The plan certifies that the aggregate reduction in work hours for each affected employee is in lieu of temporary layoffs which would have resulted in an equivalent reduction in work hours;

     (6) The plan is approved in writing by the collective bargaining agent for each collective bargaining agreement covering any affected employee;

     (7) The plan will not subsidize seasonal employers during the off season nor subsidize employers who have traditionally used part-time employees; and

     (8) The employer agrees to furnish reports necessary for the proper administration of the plan and to permit access by the commissioner to all records necessary to verify the plan before approval and after approval to evaluate the application of the plan.

     In addition to subsections (1) through (8) of this section, the commissioner shall take into account any other factors which may be pertinent.

[2009 c 3 § 8; 1985 c 43 § 1; 1983 c 207 § 3.]

NOTES:

     Short title -- Effective date -- Conflict with federal requirements -- 2009 c 3: See notes following RCW 50.20.120.

     Conflict with federal requirements -- 1985 c 43: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [1985 c 43 § 2.]

     Severability -- 1985 c 43: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 43 § 3.]