Governor Kathy Hochul recently signed legislation allowing employees facing potential layoff to petition employers to participate in a Shared Work Program. Under this amendment to the New York Labor Law, workers facing layoffs in New York State now have a right to ask their employers instead to trim all worker’s hours and have unemployment insurance help offset the losses for everyone. 

Under the new law, the majority of employees may submit a request for a shared work program in writing to the employer before the layoff or within 10 days of the layoff. The employer then has seven days to respond to the request but does not have to grant it.  The law, which takes effect immediately, also prohibits retaliating against workers who ask for the arrangement.

The Shared Work Program already exists in New York but has not been widely utilized. The Program allows employers to keep trained employees and avoid layoffs by allowing staff members to receive partial Unemployment Insurance benefits while working reduced hours. 

As per the New York State Department of Labor, “The Shared Work Program helps keep trained, productive employees on the job during temporary business downturns, meaning New York businesses can gear up quickly when conditions improve, and New York workers get to stay on the job.”  According to Senator Shelley B. Mayer, “This law will increase participation in these underutilized programs by empowering workers to request that their employers apply without fear of retaliation.”

Should you have any questions relating to the new legislation or any other employment related inquiries, please contact ALG.