HOUSE DOCKET, NO. 105        FILED ON: 1/9/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1856

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to WorkShare working better.

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PETITION OF:

HOUSE DOCKET, NO. 105        FILED ON: 1/9/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1856

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to WorkShare working better.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 29D of chapter 151A of the General Laws is hereby amended by inserting after subsection (k), the following subsection:-

(l) (1) Notwithstanding anything in this section to the contrary, when the commonwealth determines an “on” indicator for extended benefits in accordance with Section 30A of this chapter, the director shall have the authority to temporarily waive specific employer eligibility requirements that are not required under the Federal Unemployment Tax Act, 26 U.S. C. § 3306 (v) or applicable federal regulations, including the requirement set forth in section B that an employer hold a positive or neutral account reserve percentage as of the most recent computation date to be eligible to participate.

(2) Temporary Waivers created under this section shall be operative for the lesser of: (i) one year or (ii) the duration of the “on” indicator under section 30A. After the termination of a temporary waiver, the department may file for another through the same process.

SECTION 2. Said Section 29D of said chapter 151A, as so appearing, is hereby further amended by inserting after subsection (l), the following subsection:-

(m) No later than April 1 of each year the commissioner shall cause to be published a report providing the following information concerning the workshare program over the previous year: (i) The number of employers participating in the program; (ii) The number of employees covered under an eligible worksharing plan; (iii) The number of weeks of state unemployment insurance that have been claimed by workers under an eligible worksharing plan; (iv) The amount of benefits paid to workers under an eligible worksharing plan; (v) Number of equivalent full time weeks claimed by workers under eligible worksharing plans; (vi) a breakdown of the industries of employers participating in the workshare program and the number of workers under eligible plans in each industry; and (vii) a description of efforts undertaken to promote awareness and utilization of the program. Said report shall be filed with the clerks of the house of representatives and the senate, the joint committee on labor and workforce development and the house and senate committees on ways and means. 

SECTION 3. The executive office of labor and workforce development, or any department or agency thereof designated by the executive office, shall establish a public information campaign to educate and promote awareness of the WorkShare program among eligible employers and industries. Said campaign shall include, but not be limited to: (1) the distribution of print or digital promotional materials to employers about the program; (2) collaboration with business representatives and organizations to hold regional meetings with employers; (3) advertisements about the program on the executive office of labor and workforce development website and social media; and (4) other steps that the secretary deems necessary to promote the WorkShare program.

SECTION 4. (a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study and develop recommendations on the future of the WorkShare program established in section 29D of chapter 151A of the General Laws.

The commission shall consist of the following 14 members: the chairs of the joint committee on labor and workforce development, who shall serve as co-chairs; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 2 members appointed by the secretary of labor and workforce development; 2 members appointed by the Massachusetts Workforce Association; 1 member appointed by the Massachusetts State Labor Council, AFL-CIO; 1 member appointed by the Associated Industries of Massachusetts, Inc.; 1 member appointed by the Alliance for Business Leadership, Inc.; 1 member appointed by the Massachusetts Restaurant Association, Inc.; 1 member appointed by the Black Economic Council of Massachusetts; and 1 member appointed by the Retailers Association of Massachusetts, Inc.

(b)  The commission shall study the effectiveness of the workshare program, including, but not limited to: (i) barriers to entry that employers have found in trying to utilize the workshare program; (ii) current program eligibility requirements as compared to the federal requirements set forth in the Federal Unemployment Tax Act, 26 U.S. C. § 3306 (v); (iii) policies and practices of other states that were particularly successful in scaling up engagement during recent economic downturns; and (iv) options for improving awareness and utilization of the workshare program among businesses and workers.

(c)  The commission shall hold at least 1 public hearing and may hold additional hearings as necessary at which members of the public shall have an opportunity to speak.

(d)  Within two years of this act being signed into law, the commission shall file a report on its findings and recommendations with the clerks of the house of representatives and the senate, the joint committee on labor and workforce development and the house and senate committees on ways and means.