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Sub. H. B. No. 37 As Enrolled
(130th General Assembly)
(Substitute House Bill Number 37)
AN ACT
To amend sections 4141.09, 4141.11, 4141.24, and
4141.35 and to enact sections 4141.50 to 4141.56
of the Revised Code to create the SharedWork Ohio
Program, to create a monetary penalty for
individuals who commit fraud to obtain
unemployment compensation benefits, to charge an
employer's account when actions of the employer
led to an improper payment of unemployment
compensation benefits, and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4141.09, 4141.11, 4141.24, and
4141.35 be amended and sections 4141.50, 4141.51, 4141.52,
4141.53, 4141.54, 4141.55, and 4141.56 of the Revised Code be
enacted to read as follows:
Sec. 4141.09. (A) There is hereby created an unemployment
compensation fund to be administered by the state without
liability on the part of the state beyond the amounts paid into
the fund and earned by the fund. The unemployment compensation
fund shall consist of all contributions, payments in lieu of
contributions described in sections 4141.241 and 4141.242 of the
Revised Code, reimbursements of the federal share of extended
benefits described in section 4141.301 of the Revised Code,
collected under sections 4141.01 to 4141.46 4141.56 of the Revised
Code, and the amount required under division (A)(4) of section
4141.35 of the Revised Code, together with all interest earned
upon any moneys deposited with the secretary of the treasury of
the United States to the credit of the account of this state in
the unemployment trust fund established and maintained pursuant to
section 904 of the "Social Security Act," any property or
securities acquired through the use of moneys belonging to the
fund, and all earnings of such property or securities. The
unemployment compensation fund shall be used to pay benefits,
shared work compensation as defined in section 4141.50 of the
Revised Code, and refunds as provided by such sections and for no
other purpose.
(B) The treasurer of state shall be the custodian of the
unemployment compensation fund and shall administer such fund in
accordance with the directions of the director of job and family
services. All disbursements therefrom shall be paid by the
treasurer of state on warrants drawn by the director. Such
warrants may bear the facsimile signature of the director printed
thereon and that of a deputy or other employee of the director
charged with the duty of keeping the account of the unemployment
compensation fund and with the preparation of warrants for the
payment of benefits to the persons entitled thereto. Moneys in the
clearing and benefit accounts shall not be commingled with other
state funds, except as provided in division (C) of this section,
but shall be maintained in separate accounts on the books of the
depositary bank. Such money shall be secured by the depositary
bank to the same extent and in the same manner as required by
sections 135.01 to 135.21 of the Revised Code; and collateral
pledged for this purpose shall be kept separate and distinct from
any collateral pledged to secure other funds of this state. All
sums recovered for losses sustained by the unemployment
compensation fund shall be deposited therein. The treasurer of
state shall be liable on the treasurer's official bond for the
faithful performance of the treasurer's duties in connection with
the unemployment compensation fund, such liability to exist in
addition to any liability upon any separate bond.
(C) The treasurer of state shall maintain within the
unemployment compensation fund three separate accounts which shall
be a clearing account, a trust fund account, and a benefit
account. All moneys payable to the unemployment compensation fund,
upon receipt by the director, shall be forwarded to the treasurer
of state, who shall immediately deposit them in the clearing
account. Refunds of contributions, or payments in lieu of
contributions, payable pursuant to division (E) of this section
may be paid from the clearing account upon warrants signed by a
deputy or other employee of the director charged with the duty of
keeping the record of the clearing account and with the
preparation of warrants for the payment of refunds to persons
entitled thereto. After clearance thereof, all moneys in the
clearing account shall be deposited with the secretary of the
treasury of the United States to the credit of the account of this
state in the unemployment trust fund established and maintained
pursuant to section 904 of the "Social Security Act," in
accordance with requirements of the "Federal Unemployment Tax
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law
in this state relating to the deposit, administration, release, or
disbursement of moneys in the possession or custody of this state
to the contrary notwithstanding. The benefit account shall consist
of all moneys requisitioned from this state's account in the
unemployment trust fund. Federal funds may be deposited, at the
director's discretion, into the benefit account. Any funds
deposited into the benefit account shall be disbursed solely for
payment of benefits under a federal program administered by this
state and for no other purpose. Moneys in the clearing and benefit
accounts may be deposited by the treasurer of state, under the
direction of the director, in any bank or public depositary in
which general funds of the state may be deposited, but no public
deposit insurance charge or premium shall be paid out of the fund.
(D) Moneys shall be requisitioned from this state's account
in the unemployment trust fund solely for the payment of benefits
and in accordance with regulations prescribed by the director. The
director shall requisition from the unemployment trust fund such
amounts, not exceeding the amount standing to this state's account
therein, as are deemed necessary for the payment of benefits for a
reasonable future period. Upon receipt thereof, the treasurer of
state shall deposit such moneys in the benefit account.
Expenditures of such money in the benefit account and refunds from
the clearing account shall not require specific appropriations or
other formal release by state officers of money in their custody.
Any balance of moneys requisitioned from the unemployment trust
fund which remains unclaimed or unpaid in the benefit account
after the expiration of the period for which such sums were
requisitioned shall either be deducted from estimates for and may
be utilized for the payment of benefits during succeeding periods,
or, in the discretion of the director, shall be redeposited with
the secretary of the treasury of the United States to the credit
of this state's account in the unemployment trust fund, as
provided in division (C) of this section. Unclaimed or unpaid
federal funds redeposited with the secretary of the treasury of
the United States shall be credited to the appropriate federal
account.
(E) No claim for an adjustment or a refund on contribution,
payment in lieu of contributions, interest, or forfeiture alleged
to have been erroneously or illegally assessed or collected, or
alleged to have been collected without authority, and no claim for
an adjustment or a refund of any sum alleged to have been
excessive or in any manner wrongfully collected shall be allowed
unless an application, in writing, therefor is made within four
years from the date on which such payment was made. If the
director determines that such contribution, payment in lieu of
contributions, interest, or forfeiture, or any portion thereof,
was erroneously collected, the director shall allow such employer
to make an adjustment thereof without interest in connection with
subsequent contribution payments, or payments in lieu of
contributions, by the employer, or the director may refund said
amount, without interest, from the clearing account of the
unemployment compensation fund, except as provided in division (B)
of section 4141.11 of the Revised Code. For like cause and within
the same period, adjustment or refund may be so made on the
director's own initiative. An overpayment of contribution, payment
in lieu of contributions, interest, or forfeiture for which an
employer has not made application for refund prior to the date of
sale of the employer's business shall accrue to the employer's
successor in interest.
An application for an adjustment or a refund, or any portion
thereof, that is rejected is binding upon the employer unless,
within thirty days after the mailing of a written notice of
rejection to the employer's last known address, or, in the absence
of mailing of such notice, within thirty days after the delivery
of such notice, the employer files an application for a review and
redetermination setting forth the reasons therefor. The director
shall promptly examine the application for review and
redetermination, and if a review is granted, the employer shall be
promptly notified thereof, and shall be granted an opportunity for
a prompt hearing.
(F) If the director finds that contributions have been paid
to the director in error, and that such contributions should have
been paid to a department of another state or of the United States
charged with the administration of an unemployment compensation
law, the director may upon request by such department or upon the
director's own initiative transfer to such department the amount
of such contributions, less any benefits paid to claimants whose
wages were the basis for such contributions. The director may
request and receive from such department any contributions or
adjusted contributions paid in error to such department which
should have been paid to the director.
(G) In accordance with section 303(c)(3) of the Social
Security Act, and section 3304(a)(17) of the Internal Revenue Code
of 1954 for continuing certification of Ohio unemployment
compensation laws for administrative grants and for tax credits,
any interest required to be paid on advances under Title XII of
the Social Security Act shall be paid in a timely manner and shall
not be paid, directly or indirectly, by an equivalent reduction in
the Ohio unemployment taxes or otherwise, by the state from
amounts in the unemployment compensation fund.
(H) The treasurer of state, under the direction of the
director and in accordance with the "Cash Management Improvement
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit
amounts of interest earned by the state on funds in the benefit
account established pursuant to division (C) of this section into
the department of job and family services banking fees fund, which
is hereby created in the state treasury for the purpose of paying
related banking costs incurred by the state for the period for
which the interest is calculated, except that if the deposited
interest exceeds the banking costs incurred by the state for the
period for which the interest is calculated, the treasurer of
state shall deposit the excess interest into the unemployment
trust fund.
(I) The treasurer of state, under the direction of the
director, shall deposit federal funds received by the director for
training and administration and for payment of benefits, job
search, relocation, transportation, and subsistence allowances
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.
2101, as amended; the "North American Free Trade Agreement
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.
3801, as amended, into the Trade Act training and administration
account, which is hereby created for the purpose of making
payments specified under those acts. The treasurer of state, under
the direction of the director, may transfer funds from the Trade
Act training and administration account to the benefit account for
the purpose of making any payments directly to claimants for
benefits, job search, relocation, transportation, and subsistence
allowances, as specified by those acts.
Sec. 4141.11. There is hereby created in the state treasury
the unemployment compensation special administrative fund. The
fund shall consist of all interest collected on delinquent
contributions pursuant to this chapter, all fines and forfeitures
collected under this chapter, the amount required under division
(A)(4) of section 4141.35 of the Revised Code, and all court costs
and interest paid or collected in connection with the repayment of
fraudulently obtained benefits pursuant to section 4141.35 of the
Revised Code. All interest earned on the money in the fund shall
be retained in the fund and shall not be credited or transferred
to any other fund or account, except as provided in division (B)
of this section. All moneys which are deposited or paid into this
fund may be used by:
(A) The director of job and family services whenever it
appears that such use is necessary for:
(1) The proper administration of this chapter and no federal
funds are available for the specific purpose for which the
expenditure is to be made, provided the moneys are not substituted
for appropriations from federal funds, which in the absence of
such moneys would be available;
(2) The proper administration of this chapter for which
purpose appropriations from federal funds have been requested and
approved but not received, provided the fund would be reimbursed
upon receipt of the federal appropriation;
(3) To the extent possible, the repayment to the unemployment
compensation administration fund of moneys found by the proper
agency of the United States to have been lost or expended for
purposes other than, or an amount in excess of, those found
necessary by the proper agency of the United States for the
administration of this chapter.
(B) The director or the director's deputy whenever it appears
that such use is necessary for the payment of refunds or
adjustments of interest, fines, forfeitures, or court costs
erroneously collected and paid into this fund pursuant to this
chapter.
(C) The director, to pay state disaster unemployment benefits
pursuant to section 4141.292 of the Revised Code.
(D) The director, to pay any costs attributable to the
director that are associated with the sale of real property under
section 4141.131 of the Revised Code.
Whenever the balance in the unemployment compensation special
administrative fund is considered to be excessive by the director,
the director shall request the director of budget and management
to transfer to the unemployment compensation fund the amount
considered to be excessive. Any balance in the unemployment
compensation special administrative fund shall not lapse at any
time, but shall be continuously available to the director of job
and family services for expenditures consistent with this chapter.
Sec. 4141.24. (A)(1) The director of job and family services
shall maintain a separate account for each employer and, except as
otherwise provided in division (B) of section 4141.25 of the
Revised Code respecting mutualized contributions, shall credit
such employer's account with all the contributions, or payments in
lieu of contributions, which the employer has paid on the
employer's own behalf.
(2) If, as of the computation date, a contributory employer's
account shows a negative balance computed as provided in division
(A)(3) of section 4141.25 of the Revised Code, less any
contributions due and unpaid on such date, which negative balance
is in excess of the limitations imposed by divisions (A)(2)(a),
(b), and (c) of this section and if the employer's account is
otherwise eligible for the transfer, then before the employer's
contribution rate is computed for the next succeeding contribution
period, an amount equal to the amount of the excess eligible for
transfer shall be permanently transferred from the account of such
employer and charged to the mutualized account provided in
division (B) of section 4141.25 of the Revised Code.
(a) If as of any computation date, a contributory employer's
account shows a negative balance in excess of ten per cent of the
employer's average annual payroll, then before the employer's
contribution rate is computed for the next succeeding contribution
period, an amount equal to the amount of the excess shall be
transferred from the account as provided in this division. No
contributory employer's account may have any excess transferred
pursuant to division (A)(2)(a) of this section, unless the
employer's account has shown a positive balance for at least two
consecutive computation dates prior to the computation date with
respect to which the transfer is proposed. Each time a transfer is
made pursuant to division (A)(2)(a) of this section, the
employer's account is ineligible for any additional transfers
under that division, until the account shows a positive balance
for at least two consecutive computation dates subsequent to the
computation date of which the most recent transfer occurs pursuant
to division (A)(2)(a), (b), or (c) of this section.
(b) If at the next computation date after the computation
date at which a transfer from the account occurs pursuant to
division (A)(2)(a) of this section, a contributory employer's
account shows a negative balance in excess of fifteen per cent of
the employer's average annual payroll, then before the employer's
contribution rate is computed for the next succeeding contribution
period an amount equal to the amount of the excess shall be
permanently transferred from the account as provided in this
division.
(c) If at the next computation date subsequent to the
computation date at which a transfer from a contributory
employer's account occurs pursuant to division (A)(2)(b) of this
section, the employer's account shows a negative balance in excess
of twenty per cent of the employer's average annual payroll, then
before the employer's contribution rate is computed for the next
succeeding contribution period, an amount equal to the amount of
the excess shall be permanently transferred from the account as
provided in this division.
(d) If no transfer occurs pursuant to division (A)(2)(b) or
(c) of this section, the employer's account is ineligible for any
additional transfers under division (A)(2) of this section until
the account requalifies for a transfer pursuant to division
(A)(2)(a) of this section.
(B) Any employer may make voluntary payments in addition to
the contributions required under this chapter, in accordance with
rules established by the director. Such payments shall be included
in the employer's account as of the computation date, provided
they are received by the director by the thirty-first day of
December following such computation date. Such voluntary payment,
when accepted from an employer, will not be refunded in whole or
in part. In determining whether an employer's account has a
positive balance on two consecutive computation dates and is
eligible for transfers under division (A)(2) of this section, the
director shall exclude any voluntary payments made subsequent to
the last transfer made under division (A)(2) of this section.
(C) All contributions to the fund shall be pooled and
available to pay benefits to any individual entitled to benefits
irrespective of the source of such contributions.
(D)(1) For the purposes of this section and sections 4141.241
and 4141.242 of the Revised Code, an employer's account shall be
charged only for benefits based on remuneration paid by such
employer. Benefits paid to an eligible individual shall be charged
against the account of each employer within the claimant's base
period in the proportion to which wages attributable to each
employer of the claimant bears to the claimant's total base period
wages. Charges to the account of a base period employer with whom
the claimant is employed part-time at the time the claimant's
application for a determination of benefits rights is filed shall
be charged to the mutualized account when all of the following
conditions are met:
(a) The claimant also worked part-time for the employer
during the base period of the claim.
(b) The claimant is unemployed due to loss of other
employment.
(c) The employer is not a reimbursing employer under section
4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, charges
to the account of any employer, including any reimbursing
employer, shall be charged to the mutualized account if it finally
is determined by a court on appeal that the employer's account is
not chargeable for the benefits.
(3)(a) Any benefits paid to a claimant under section 4141.28
of the Revised Code prior to a final determination of the
claimant's right to the benefits shall be charged to the
employer's account as provided in division (D)(1) of this section,
provided that if there is no final determination of the claim by
the subsequent thirtieth day of June, the employer's account shall
be credited with the total amount of benefits that has been paid
prior to that date, based on the determination that has not become
final. The total amount credited to the employer's account shall
be charged to a suspense account, which shall be maintained as a
separate bookkeeping account and administered as a part of this
section, and shall not be used in determining the account balance
of the employer for the purpose of computing the employer's
contribution rate under section 4141.25 of the Revised Code.
(b) If it is finally determined that the claimant is entitled
to all or a part of the benefits in dispute, the suspense account
shall be credited and the appropriate employer's account charged
with the benefits. If it is finally determined that the claimant
is not entitled to all or any portion of the benefits in dispute,
the benefits shall be credited to the suspense account and, except
as provided in division (D)(3)(d) of this section, a corresponding
charge made to the mutualized account established in division (B)
of section 4141.25 of the Revised Code, provided that, except as
otherwise provided in this section, if benefits are chargeable to
an employer or group of employers who is required or elects to
make payments to the fund in lieu of contributions under section
4141.241 of the Revised Code, the benefits shall be charged to the
employer's account in the manner provided in division (D)(1) of
this section and division (B) of section 4141.241 of the Revised
Code, and no part of the benefits may be charged to the suspense
account provided in this division.
To (c) Except as provided in division (D)(3)(d) of this
section, to the extent that benefits that have been paid to a
claimant and charged to the employer's account are found not to be
due the claimant and are recovered by the director as provided in
section 4141.35 of the Revised Code, they shall be credited to the
employer's account.
(d)(i) An employer's account shall not be credited for
amounts recovered by the director pursuant to division (D)(3)(c)
of this section, and the mutualized account established in
division (B) of section 4141.25 of the Revised Code shall not be
charged pursuant to division (D)(3)(b) of this section, for
benefits that have been paid to a claimant and are subsequently
found not to be due to the claimant, if it is determined by the
director, on or after October 21, 2013, that both of the following
have occurred:
(I) The benefits were paid because the claimant's employer,
or any employee, officer, or agent of that employer, failed to
respond timely or adequately to a request for information
regarding a determination of benefit rights or claims for benefits
under section 4141.28 of the Revised Code.
(II) The claimant's employer, or any employee, officer, or
agent of that employer, on behalf of the employer, previously
established a pattern of failing to respond timely or adequately
within the same calendar year period pursuant to division
(D)(3)(d)(ii)(III) of this section.
(ii) For purposes of division (D)(3)(d) of this section:
(I) A response is considered "timely" if the response is
received by the director within the time provided under section
4141.28 of the Revised Code.
(II) A response is considered "adequate" if the employer or
employee, officer, or agent of that employer provided answers to
all questions raised by the director pursuant to section 4141.28
of the Revised Code or participated in a fact-finding interview if
requested by the director.
(III) A "pattern of failing" is established after the third
instance of benefits being paid because the claimant's employer,
or any employee, officer, or agent of that employer, on behalf of
the employer, failed to respond timely or adequately to a request
for information regarding a determination of benefit rights or
claims for benefits under section 4141.28 of the Revised Code
within a calendar year period.
(e) If the mutualized account established in division (B) of
section 4141.25 of the Revised Code is not charged for benefits
credited to a suspense account pursuant to division (D)(3)(d) of
this section, a corresponding charge shall be made to the account
of the employer whose failure to timely or adequately respond to a
request for information caused the erroneous payment.
(f) The appeal provisions of sections 4141.281 and 4141.282
of the Revised Code shall apply to all determinations issued under
division (D)(3)(d) of this section.
(4) The director shall notify each employer at least once
each month of the benefits charged to the employer's account since
the last preceding notice; except that for the purposes of
sections 4141.241 and 4141.242 of the Revised Code which provides
the billing of employers on a payment in lieu of a contribution
basis, the director may prescribe a quarterly or less frequent
notice of benefits charged to the employer's account. Such notice
will show a summary of the amount of benefits paid which were
charged to the employer's account. This notice shall not be deemed
a determination of the claimant's eligibility for benefits. Any
employer so notified, however, may file within fifteen days after
the mailing date of the notice, an exception to charges appearing
on the notice on the grounds that such charges are not in
accordance with this section. The director shall promptly examine
the exception to such charges and shall notify the employer of the
director's decision thereon, which decision shall become final
unless appealed to the unemployment compensation review commission
in the manner provided in section 4141.26 of the Revised Code. For
the purposes of this division, an exception is considered timely
filed when it has been received as provided in division (D)(1) of
section 4141.281 of the Revised Code.
(E) The director shall terminate and close the account of any
contributory employer who has been subject to this chapter if the
enterprise for which the account was established is no longer in
operation and it has had no payroll and its account has not been
chargeable with benefits for a period of five consecutive years.
The amount of any positive balance, computed as provided in
division (A)(3) of section 4141.25 of the Revised Code, in an
account closed and terminated as provided in this section shall be
credited to the mutualized account as provided in division
(B)(2)(b) of section 4141.25 of the Revised Code. The amount of
any negative balance, computed as provided in division (A)(3) of
section 4141.25 of the Revised Code, in an account closed and
terminated as provided in this section shall be charged to the
mutualized account as provided in division (B)(1)(b) of section
4141.25 of the Revised Code. The amount of any positive balance or
negative balance, credited or charged to the mutualized account
after the termination and closing of an employer's account, shall
not thereafter be considered in determining the contribution rate
of such employer. The closing of an employer's account as provided
in this division shall not relieve such employer from liability
for any unpaid contributions or payment in lieu of contributions
which are due for periods prior to such closing.
If the director finds that a contributory employer's business
is closed solely because of the entrance of one or more of the
owners, officers, or partners, or the majority stockholder, into
the armed forces of the United States, or any of its allies, or of
the United Nations after July 1, 1950, such employer's account
shall not be terminated and if the business is resumed within two
years after the discharge or release of such persons from active
duty in the armed forces, the employer's experience shall be
deemed to have been continuous throughout such period. The reserve
ratio of any such employer shall be the total contributions paid
by such employer minus all benefits, including benefits paid to
any individual during the period such employer was in the armed
forces, based upon wages paid by the employer prior to the
employer's entrance into the armed forces divided by the average
of the employer's annual payrolls for the three most recent years
during the whole of which the employer has been in business.
(F) If an employer transfers all of its trade or business to
another employer or person, the acquiring employer or person shall
be the successor in interest to the transferring employer and
shall assume the resources and liabilities of such transferring
employer's account, and continue the payment of all contributions,
or payments in lieu of contributions, due under this chapter.
If an employer or person acquires substantially all, or a
clearly segregable and identifiable portion of an employer's trade
or business, then upon the director's approval of a properly
completed application for successorship, the employer or person
acquiring the trade or business, or portion thereof, shall be the
successor in interest. The director by rule may prescribe
procedures for effecting transfers of experience as provided for
in this section.
(G) Notwithstanding sections 4141.09, 4141.23, 4141.24,
4141.241, 4141.242, 4141.25, 4141.26, and 4141.27 of the Revised
Code, both of the following apply regarding assignment of rates
and transfers of experience:
(1) If an employer transfers its trade or business, or a
portion thereof, to another employer and, at the time of the
transfer, both employers are under substantially common ownership,
management, or control, then the unemployment experience
attributable to the transferred trade or business, or portion
thereof, shall be transferred to the employer to whom the business
is so transferred. The director shall recalculate the rates of
both employers and those rates shall be effective immediately upon
the date of the transfer of the trade or business.
(2) Whenever a person is not an employer under this chapter
at the time the person acquires the trade or business of an
employer, the unemployment experience of the acquired trade or
business shall not be transferred to the person if the director
finds that the person acquired the trade or business solely or
primarily for the purpose of obtaining a lower rate of
contributions. Instead, that person shall be assigned the
applicable new employer rate under division (A)(1) of section
4141.25 of the Revised Code.
(H) The director shall establish procedures to identify the
transfer or acquisition of a trade or business for purposes of
this section and shall adopt rules prescribing procedures for
effecting transfers of experience as described in this section.
(I) No rate of contribution less than two and seven-tenths
per cent shall be permitted a contributory employer succeeding to
the experience of another contributory employer pursuant to this
section for any period subsequent to such succession, except in
accordance with rules prescribed by the director, which rules
shall be consistent with federal requirements for additional
credit allowance in section 3303 of the "Internal Revenue Code of
1954" and consistent with this chapter, except that such rules may
establish a computation date for any such period different from
the computation date generally prescribed by this chapter, and may
define "calendar year" as meaning a twelve-consecutive-month
period ending on the same day of the year as that on which such
computation date occurs.
(J) The director may prescribe rules for the establishment,
maintenance, and dissolution of common contribution rates for two
or more contributory employers, and in accordance with such rules
and upon application by two or more employers shall establish such
common rate to be computed by merging the several contribution
rate factors of such employers for the purpose of establishing a
common contribution rate applicable to all such employers.
(K) The director shall adopt rules applicable to professional
employer organizations and professional employer organization
reporting entities to address the method in which a professional
employer organization or professional employer organization
reporting entity reports quarterly wages and contributions to the
director for shared employees.
(1) The rules shall recognize a professional employer
organization or professional employer organization reporting
entity as the employer of record of the shared employees of the
professional employer organization or professional employer
organization reporting entity for reporting purposes; however, the
rules shall require that each shared employee of a single client
employer be reported under a separate and unique subaccount of the
professional employer organization or professional employer
organization reporting entity to reflect the experience of the
shared employees of that client employer.
(2) The director shall use a subaccount solely to determine
experience rates for that individual subaccount on an annual basis
and shall recognize a professional employer organization or
professional employer organization reporting entity as the
employer of record associated with each subaccount. The director
shall combine the rate experience that existed on a client
employer's account prior to entering into a professional employer
organization agreement with the experience accumulated as a
subaccount of the professional employer organization or
professional employer organization reporting entity. The combined
experience shall remain with the client account upon termination
of the professional employer organization agreement.
(3) A professional employer organization or professional
employer organization reporting entity shall provide a power of
attorney or other evidence, which evidence may be included as part
of a professional employer organization agreement, completed by
each client employer of the professional employer organization or
professional employer organization reporting entity, authorizing
the professional employer organization or professional employer
organization reporting entity to act on behalf of the client
employer in accordance with the requirements of this chapter.
(4) Any rule adopted pursuant to division (K) of this section
also shall include administrative requirements that permit a
professional employer organization or a professional employer
organization reporting entity to transmit any reporting and
payment data required under division (K)(1) of this section
collectively as a single filing with the director.
(5) As used in division (K) of this section, "client
employer," "professional employer organization," "professional
employer organization agreement," "professional employer
organization reporting entity," and "shared employee" have the
same meanings as in section 4125.01 of the Revised Code.
Sec. 4141.35. (A) If the director of job and family services
finds that any fraudulent misrepresentation has been made by an
applicant for or a recipient of benefits with the object of
obtaining benefits to which the applicant or recipient was not
entitled, and in addition to any other penalty or forfeiture under
this chapter, then the director:
(1) Shall within four years after the end of the benefit year
in which the fraudulent misrepresentation was made reject or
cancel such person's entire weekly claim for benefits that was
fraudulently claimed, or the person's entire benefit rights if the
misrepresentation was in connection with the filing of the
claimant's application for determination of benefit rights;
(2) Shall by order declare that, for each application for
benefit rights and for each weekly claim canceled, such person
shall be ineligible for two otherwise valid weekly claims for
benefits, claimed within six years subsequent to the discovery of
such misrepresentation;
(3) By order shall require that the total amount of benefits
rejected or canceled under division (A)(1) of this section be
repaid to the director before such person may become eligible for
further benefits, and shall withhold such unpaid sums from future
benefit payments accruing and otherwise payable to such claimant.
Effective with orders issued on or after January 1, 1993, if such
benefits are not repaid within thirty days after the director's
order becomes final, interest on the amount remaining unpaid shall
be charged to the person at a rate and calculated in the same
manner as provided under section 4141.23 of the Revised Code. When
a person ordered to repay benefits has repaid all overpaid
benefits according to a plan approved by the director, the
director may cancel the amount of interest that accrued during the
period of the repayment plan. The director may take action in any
court of competent jurisdiction to collect benefits and interest
as provided in sections 4141.23 and 4141.27 of the Revised Code,
in regard to the collection of unpaid contributions, using the
final repayment order as the basis for such action. Except as
otherwise provided in this division, no administrative or legal
proceedings for the collection of such benefits or interest due,
or for the collection of a penalty under division (A)(4) of this
section, shall be initiated after the expiration of six years from
the date on which the director's order requiring repayment became
final and the amount of any benefits, penalty, or interest not
recovered at that time, and any liens thereon, shall be canceled
as uncollectible. The time limit for instituting proceedings shall
be extended by the period of any stay to the collection or by any
other time period to which the parties mutually agree.
(4) Shall, for findings made on or after October 21, 2013, by
order assess a mandatory penalty on such a person in an amount
equal to twenty-five per cent of the total amount of benefits
rejected or canceled under division (A)(1) of this section. The
first sixty per cent of each penalty collected under division
(A)(4) of this section shall be deposited into the unemployment
compensation fund created under section 4141.09 of the Revised
Code, and the remainder of each penalty collected shall be
deposited into the unemployment compensation special
administrative fund created under section 4141.11 of the Revised
Code.
(5) May take action to collect benefits fraudulently obtained
under the unemployment compensation law of any other state or the
United States or Canada. Such action may be initiated in the
courts of this state in the same manner as provided for unpaid
contributions in section 4141.41 of the Revised Code.
(5)(6) May take action to collect benefits that have been
fraudulently obtained from the director, interest pursuant to
division (A)(3) of this section, and court costs, through
attachment proceedings under Chapter 2715. of the Revised Code and
garnishment proceedings under Chapter 2716. of the Revised Code.
(B) If the director finds that an applicant for benefits has
been credited with a waiting period or paid benefits to which the
applicant was not entitled for reasons other than fraudulent
misrepresentation, the director shall:
(1)(a) Within six months after the determination under which
the claimant was credited with that waiting period or paid
benefits becomes final pursuant to section 4141.28 of the Revised
Code, or within three years after the end of the benefit year in
which such benefits were claimed, whichever is later, by order
cancel such waiting period and require that such benefits be
repaid to the director or be withheld from any benefits to which
such applicant is or may become entitled before any additional
benefits are paid, provided that the repayment or withholding
shall not be required where the overpayment is the result of the
director's correcting a prior decision due to a typographical or
clerical error in the director's prior decision, or an error in an
employer's report under division (G) of section 4141.28 of the
Revised Code.
(b) The limitation specified in division (B)(1)(a) of this
section shall not apply to cases involving the retroactive payment
of remuneration covering periods for which benefits were
previously paid to the claimant. However, in such cases, the
director's order requiring repayment shall not be issued unless
the director is notified of such retroactive payment within six
months from the date the retroactive payment was made to the
claimant.
(2) The director may, by reciprocal agreement with the United
States secretary of labor or another state, recover overpayment
amounts from unemployment benefits otherwise payable to an
individual under Chapter 4141. of the Revised Code. Any
overpayments made to the individual that have not previously been
recovered under an unemployment benefit program of the United
States may be recovered in accordance with section 303(g) of the
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311.
(3) If the amounts required to be repaid under division (B)
of this section are not recovered within three years from the date
the director's order requiring payment became final, initiate no
further action to collect such benefits and the amount of any
benefits not recovered at that time shall be canceled as
uncollectible, provided that the time limit for collection shall
be extended by the period of any stay to the collection or by any
other time period to which the parties mutually agree.
(C) The appeal provisions of sections 4141.281 and 4141.282
of the Revised Code shall apply to all orders and determinations
issued under this section, except that an individual's right of
appeal under division (B)(2) of this section shall be limited to
this state's authority to recover overpayment of benefits.
(D) If an individual makes a full repayment or a repayment
that is less than the full amount required by this section, the
director shall apply the repayment to the mutualized account under
division (B) of section 4141.25 of the Revised Code, except that
the director shall credit the repayment to the accounts of the
individual's base period employers that previously have not been
credited for the amount of improperly paid benefits charged
against their accounts based on the proportion of benefits charged
against the accounts as determined pursuant to division (D) of
section 4141.24 of the Revised Code.
The director shall deposit any repayment collected under this
section that the director determines to be payment of interest or
court costs into the unemployment compensation special
administrative fund established pursuant to section 4141.11 of the
Revised Code.
This division does not apply to federal tax refund offsets
under 31 C.F.R. 285.8.
Sec. 4141.50. (A) As used in this section and in sections
4141.51 to 4141.56 of the Revised Code:
(1) "Affected unit" means a department, shift, or other
organizational unit of two or more employees that is designated by
a participating employer in a shared work plan.
(2) "Approved shared work plan" means an employer's shared
work plan, submitted pursuant to section 4141.51 of the Revised
Code, that satisfies all of the requirements for approval under
that section and that the director of job and family services has
approved in writing.
(3) "Intermittent basis" means employment that is not
continuous but may consist of periodic intervals of weekly work
and intervals of no weekly work.
(4) "Normal weekly hours of work" means the normal hours of
work each week for an employee in an affected unit when that unit
is operating on a full-time basis, not to exceed forty hours and
not including any overtime worked.
(5) "Participating employee" means an employee whose normal
weekly hours of work are reduced by the reduction percentage under
an approved shared work plan.
(6) "Participating employer" means an employer who has an
approved shared work plan in effect.
(7) "Reduction percentage" means the percentage by which each
participating employee's normal weekly hours of work are reduced
under an approved shared work plan.
(8) "Seasonal basis" has the same meaning as "seasonal
employment" as defined in division (A) of section 4141.33 of the
Revised Code.
(9) "Shared work compensation" means the pro rata share of
unemployment compensation benefits payable to a participating
employee under an approved shared work plan. "Shared work
compensation" does not include unemployment compensation benefits
otherwise payable to an eligible claimant who is totally or
partially unemployed.
(10) "Temporary basis" means employment where an employee is
expected to remain in a position for only a limited period of time
or is hired by a temporary agency to fill a gap in the employer's
workforce.
(B) There is hereby created the "SharedWork Ohio" program,
under which an employer who participates in the program reduces
the number of hours worked by the employees of the employer in
lieu of layoffs.
The director may adopt rules as the director determines
necessary to implement any guidance issued by the United States
secretary of labor with respect to the SharedWork Ohio program.
Sec. 4141.51. (A) An employer who wishes to participate in
the SharedWork Ohio program shall submit a plan to the director of
job and family services in which the employer does all of the
following:
(1) Identifies the participating employees by name, social
security number, affected unit, and normal weekly hours of work;
(2) Describes the manner in which the employer will implement
the requirements of the SharedWork Ohio program, including the
proposed reduction percentage, which shall be between ten per cent
and fifty per cent, and any temporary closure of the participating
employer's business for equipment maintenance or other similar
circumstances that the employer knows may occur during the
effective period of an approved plan;
(3) Includes a plan for giving advance notice, if feasible,
to an employee whose normal weekly hours of work are to be reduced
and, if advance notice is not feasible, an explanation of why that
notice is not feasible;
(4) Includes a certification by the employer that the
aggregate reduction in the number of hours worked by the employees
of the employer is in lieu of layoffs and includes an estimate of
the number of layoffs that would have occurred absent the ability
to participate in the SharedWork Ohio program;
(5) Includes a certification by the employer that if the
employer provides health benefits and retirement benefits under a
defined benefit plan, as defined in 26 U.S.C. 414(j), as amended,
or contributions under a defined contribution plan as defined in
26 U.S.C. 414(i), as amended, to any employee whose normal weekly
hours of work are reduced under the program that such benefits
will continue to be provided to an employee participating in the
SharedWork Ohio program under the same terms and conditions as
though the normal weekly hours of work of the employee had not
been reduced or to the same extent as other employees not
participating in the program;
(6) Permits eligible employees to participate, as
appropriate, in training to enhance job skills approved by the
director, including employer-sponsored training or worker training
funded under the federal "Workforce Investment Act of 1998," 112
Stat. 936, 29 U.S.C. 2801 et seq., as amended;
(7) Includes any other information as required by the United
States secretary of labor or the director under the rules the
director adopts under section 4141.50 of the Revised Code;
(8) Includes an attestation by the employer that the terms of
the written plan submitted by the employer and implementation of
that plan are consistent with obligations of the employer under
the applicable federal and state laws;
(9) Includes a certification by the employer that the
employer will promptly notify the director of any change in the
business that includes the sale or transfer of all or part of the
business, and that the employer will notify any successor in
interest to the employer's business prior to the transfer of all
or part of the business, of the existence of any approved shared
work plan;
(10) Includes a certification by the employer that, as of the
date the employer submits the plan, the employer is current on all
reports and has paid all contributions, reimbursements, interest,
and penalties due under this chapter;
(11) Includes an assurance from the employer that the
employer will remain current on all employer reporting and
payments of contributions, reimbursements, interest, and penalties
as required by this chapter;
(12) Includes a certification by the employer that none of
the participating employees are employed on a seasonal, temporary,
or intermittent basis;
(13) Includes an assurance from the employer that the
employer will not reduce a participating employee's normal weekly
hours of work by more than the reduction percentage, except in the
event of a temporary closure of the employer's business for
equipment maintenance, or when the employee takes approved time
off during the week with pay, and the combined work hours and paid
leave hours equal the number of hours the employee would have
worked under the plan.
(B) The director shall approve a shared work plan if an
employer includes in the plan all of the information,
certifications, and assurances required under division (A) of this
section.
(C) The director shall approve or deny a shared work plan and
shall send a written notice to the employer stating whether the
director approved or denied the plan not later than thirty days
after the director receives the plan. If the director denies
approval of a shared work plan, the director shall state the
reasons for denying approval in the written notice sent to the
employer.
(D) The director shall enforce the requirements of the
SharedWork Ohio program in the same manner as the director
enforces the requirements of this chapter, including under section
4141.40 of the Revised Code.
Sec. 4141.52. (A) A shared work plan approved under section
4141.51 of the Revised Code takes effect with respect to the week
following the date the director of job and family services
approves the plan. An approved shared work plan expires at the end
of the fifty-second calendar week after approval of the plan.
(B) A participating employer who wishes to modify an existing
approved shared work plan shall submit the modified plan to the
director. The director shall evaluate the modified plan and may
approve the plan if the plan meets the requirements for approval
under section 4141.51 of the Revised Code. If approved, a modified
plan supersedes the previously approved shared work plan,
effective beginning with the week following the date the director
approves the modified plan. The director shall not approve a
modified plan that fails to satisfy the requirements for approval
under section 4141.51 of the Revised Code.
(C) The director may terminate an approved shared work plan
for good cause. For purposes of this section, "good cause" means
any of the following circumstances:
(1) The approved shared work plan is not being executed
according to the terms and conditions stated in the plan.
(2) The participating employer fails to comply with any
assurances given in the participating employer's approved shared
work plan.
(3) The participating employer, or a participating employee
of the participating employer, violates any criteria on which
approval of the shared work plan was based.
(D) A participating employer may elect to terminate an
approved shared work plan by providing written notice to the
director. The director shall terminate the plan upon receipt of
the notice and shall inform the employer and each participating
employee of the employer in writing of the week with respect to
which the termination is effective.
(E) A decision by the director to approve or disapprove a
proposed shared work plan, to approve or disapprove a proposed
modified shared work plan, or to terminate an approved shared work
plan, may not be appealed pursuant to this chapter.
(F) Nothing in division (E) of this section shall be
construed to prevent an employer who has submitted a shared work
plan that was disapproved from submitting another shared work plan
in accordance with section 4141.51 of the Revised Code.
Sec. 4141.53. (A) An individual is eligible to receive shared
work compensation for a week in which the individual satisfies all
of the following:
(1) The individual is employed by a participating employer
and is subject to a shared work plan that was approved before that
week and is in effect for that week.
(2) The individual is available for work and is actively
seeking work by being available for the individual's normal weekly
hours of work.
(3) The individual's normal weekly hours of work with the
participating employer have been reduced by at least ten per cent
but not more than fifty per cent.
(4) The individual has been employed by an employer or
employers subject to this chapter in at least twenty qualifying
weeks within the individual's base period and has earned or been
paid remuneration at an average weekly wage of not less than
twenty-seven and one-half per cent of the statewide average weekly
wage for those weeks.
(5) The individual has been subject to a shared work plan for
at least one week prior to the week for which the compensation is
to be paid, or otherwise satisfies the waiting period requirement
of division (B) of section 4141.29 of the Revised Code for the
individual's benefit year.
(6) The individual otherwise satisfies the requirements of
this chapter and is not otherwise disqualified from receiving
unemployment compensation benefits.
(B) For purposes of division (A)(2) of this section, an
individual is available for the individual's normal weekly hours
of work with the participating employer if the individual does any
of the following:
(1) Works the number of weekly hours assigned to the
individual under an approved shared work plan;
(2) Works fewer hours than the number of weekly hours
assigned to the individual under an approved shared work plan and
either of the following apply:
(a) The individual takes approved time off during the week
with pay, and the combined work hours and paid leave hours equal
the number of hours the employee would have worked under the plan;
(b) The individual does not take approved time off with pay
during that week and the reduction in hours was not the fault of
the individual and was not more than fifty per cent of the
individual's normal weekly hours of work.
(C)(1) Except as provided in division (C)(2) or (D) of this
section, the director of job and family services shall pay a
participating employee who is eligible for weekly shared work
compensation in an amount equal to the participating employee's
weekly benefit amount as described in division (B) of section
4141.30 of the Revised Code for a period of total unemployment,
multiplied by the reduction percentage specified in the approved
shared work plan applicable to the participating employee.
(2) The director shall pay a participating employee who is
eligible for weekly shared work compensation in an amount equal to
the participating employee's weekly benefit amount as described in
division (B) of section 4141.30 of the Revised Code for a period
of total unemployment, multiplied by the percentage by which the
participating employee's normal weekly hours of work were actually
reduced during the workweek, if all of the following apply:
(a) The participating employee did not take approved paid
leave during the week.
(b) The participating employee's normal weekly hours of work
were actually reduced by not less than ten per cent and not
greater than fifty per cent.
(c) The increase or decrease in the participating employee's
hours above or below the number of hours assigned to the employee
in the approved shared work plan was not the fault of the
employee.
(3) The director shall determine fault for purposes of
divisions (B)(2)(b) and (C)(2)(c) of this section in the same
manner that the director makes determinations for benefit rights
and determines claims for unemployment compensation benefits under
sections 4141.28 and 4141.281 of the Revised Code.
(4) The director shall round the amount of a shared work
compensation payment that is not a multiple of one dollar to the
next lower multiple of one dollar.
(5) No shared work compensation shall be payable during the
one-week period described in division (A)(5) of this section.
(D) If an individual works for a participating employer and
another employer during the weeks the individual is covered by an
approved shared work plan, eligibility for shared work
compensation is determined as follows:
(1) If the combined number of hours the individual works for
both the participating employer and the other employer in a week
exceeds the amount of the individual's normal weekly hours of work
reduced by ten per cent, the individual is not eligible for shared
work compensation.
(2) If the combined number of hours the individual works in a
week for both employers equals the amount of the individual's
normal weekly hours of work reduced between ten and fifty per
cent, the director shall pay the individual, if the individual is
otherwise eligible, shared work compensation in an amount equal to
the individual's weekly benefit amount as described in division
(B) of section 4141.30 of the Revised Code for a period of total
unemployment, multiplied by the percentage by which the
individual's normal weekly hours of work were reduced during the
week when factoring in both the amount of hours worked for the
other employer and the amount of hours worked for the
participating employer.
(E) A participating employee is not entitled to receive
shared work compensation and unemployment compensation benefits
that, when combined, exceed the maximum total benefits payable to
the participating employee in a benefit year under section 4141.30
of the Revised Code. No participating employee shall be paid
shared work compensation during the employee's benefit year in an
amount that exceeds twenty-six times the amount of the employee's
weekly benefit amount for a period of total unemployment under
section 4141.30 of the Revised Code.
(F) An individual who has received all of the shared work
compensation and unemployment compensation benefits available in a
benefit year is an individual who has exhausted regular benefits
under section 4141.30 of the Revised Code and is entitled to
receive extended benefits under section 4141.301 of the Revised
Code if the individual is otherwise eligible to receive benefits
under that section.
(G) Except as provided in division (C)(2) of this section,
the director shall not pay shared work compensation to an
individual for a week during which the individual performs paid
work for the individual's participating employer that exceeds or
falls below the reduced hours established under an approved shared
work plan that covers the individual.
(H)(1) Except as provided in divisions (H)(2) and (3) of this
section, a participating employee is not eligible to receive
benefits for being partially unemployed for any week during which
the individual works as a participating employee.
(2) A participating employee who performs no services during
a week for the participating employer and who is otherwise
eligible may be paid benefits for being totally or partially
unemployed for that week.
(3) A participating employee whose normal weekly hours of
work are reduced by more than fifty per cent and who is otherwise
eligible may be paid benefits for partial unemployment for that
week.
(I) Any payment of total or partial unemployment compensation
benefits under this section is not a payment of shared work
compensation under an approved plan but shall be calculated
against the maximum total benefits payable to the participating
employee in a benefit year under section 4141.30 of the Revised
Code.
(J) For purposes of this section and unless another benefit
year applies to the individual, notwithstanding division (R)(1) of
section 4141.01 of the Revised Code, a participating employee's
"benefit year" is the fifty-two week period beginning with the
first day of that week with respect to which the employee's
participating employer first files a claim on behalf of the
participating employee pursuant to division (B) of section 4141.54
of the Revised Code.
Sec. 4141.54. (A) Notwithstanding any provision in this
chapter to the contrary, a participating employee who satisfies
the availability requirement of division (A)(2) of section 4141.53
of the Revised Code shall not be required to be totally or
partially unemployed within the meaning of division (M) or (N) of
section 4141.01 of the Revised Code, shall not be required to file
a claim for unemployment compensation benefits pursuant to section
4141.28 of the Revised Code, and shall not be required to meet
ability to work, availability for work, and work search
requirements that would otherwise be applicable to the
participating employee, to receive shared work compensation under
the SharedWork Ohio program.
(B) The director of job and family services shall establish a
schedule of consecutive two-week periods within the effective
period of each approved shared work plan for the filing of shared
work compensation claims. At the end of each scheduled period, the
participating employer, in accordance with procedures prescribed
by the director, shall file claims on behalf of the participating
employer's participating employees. A participating employee, in
accordance with procedures prescribed by the director, shall
attest to the hours reported, report any other hours worked for an
employer who is not the participating employer, and provide
additional information as is requested by the director.
Sec. 4141.55. (A) If the state is eligible for and receives
reimbursement for shared work compensation paid under the
SharedWork Ohio program from the federal government pursuant to
the federal "Layoff Prevention Act of 2012," Pub. L. No. 112-96,
126 Stat. 156, notwithstanding section 4141.24 of the Revised Code
and if permitted under that act, during the time period in which
the state is fully or partially reimbursed the account of an
employer shall not be charged for the portion of any shared work
compensation paid to a participating employer's participating
employees for which the state receives reimbursement. If the
federal government does not provide full reimbursement for shared
work compensation paid to an individual under section 4141.53 of
the Revised Code, the portion of shared work compensation paid to
that individual that is not reimbursed shall be charged in
accordance with division (C) of this section.
(B) Beginning with the week for which the federal government
no longer provides reimbursement, or if the state does not receive
reimbursement or the federal government requires an employer's
account to be charged, any shared work compensation paid to an
individual shall be charged in accordance with division (C) of
this section.
(C) Except as provided in divisions (A) and (B) of this
section, any shared work compensation paid to an individual under
section 4141.53 of the Revised Code shall be charged in accordance
with division (D) of section 4141.24 of the Revised Code.
Sec. 4141.56. Beginning one year after the effective date of
this section, and every year thereafter, the director of job and
family services shall prepare and submit a report to the governor,
the president and minority leader of the senate, and the speaker
and the minority leader of the house of representatives that
discusses the utilization of the SharedWork Ohio program created
under section 4141.50 of the Revised Code. The director shall
include in that report the number of employers and employees
participating in the program, the amount of shared work
compensation paid under the program during the immediately
preceding year, and any other information the director considers
to be relevant.
SECTION 2. That existing sections 4141.09, 4141.11, 4141.24,
and 4141.35 of the Revised Code are hereby repealed.
SECTION 3. The Director of Job and Family Services shall
prepare and submit a report evaluating the utilization and
effectiveness of the SharedWork Ohio Program created under section
4141.50 of the Revised Code, as enacted by this act, and the
impact of the Program on the Unemployment Compensation Fund
created in section 4141.09 of the Revised Code. The Director shall
base the report upon the information contained in the reports the
Director prepares under section 4141.56 of the Revised Code, as
enacted by this act. The Director shall submit the report to the
Governor, the President and Minority Leader of the Senate, and the
Speaker and the Minority Leader of the House of Representatives
not later than three years after the effective date of this act.
SECTION 4. The federal "Layoff Prevention Act of 2012," Pub.
L. No. 112-96, 126 Stat. 156, permits a state to receive federal
funding to create a program under which an employer reduces the
hours worked by the employer's employees in lieu of laying off
those employees. This act creates the "SharedWork Ohio" program, a
program that permits an employer to reduce hours worked by the
employer's employees in lieu of laying off those employees and
permits those employees to receive a proportionate share of
unemployment compensation benefits. The Director of Job and Family
Services shall implement "SharedWork Ohio" in accordance with
sections 4141.50 to 4141.56 of the Revised Code, as enacted by
this act. The Department of Job and Family Services may implement
the program as soon as the United States Department of Labor has
certified that the "SharedWork Ohio" program complies with the
federal law.
SECTION 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is so
that employers can continue to employ Ohioans who would otherwise
be victims of total job displacement. Therefore, this act shall go
into immediate effect.
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