N.Y. Lab. Law § 605

§ 605. Qualified employers; application. An employer who has at least\ntwo full time employees may apply to participate in a shared work\nprogram. The written application shall be made according to such forms\nand procedures as the commissioner may specify and shall include such\ninformation as the commissioner may require, including such other\ninformation that the United States Secretary of Labor determines to be\nappropriate for purposes of a shared work program. The commissioner\nshall not approve such application unless the employer (1) certifies\nthat for the duration of the program it will not eliminate or diminish\nhealth insurance, medical insurance, retirement benefits or any other\nfringe benefits provided to employees immediately prior to the\napplication unless such benefits provided to employees that do not\nparticipate in the shared work program are reduced or diminished to the\nsame extent as those employees that participate in the shared work\nprogram; (2) certifies that the collective bargaining agent for the\nemployees, if any, has agreed to participate in the program; (3)\ncertifies that if not for the shared work program to be initiated the\nemployer would reduce or would have reduced its work force to a degree\nequivalent to the total number of working hours proposed to be reduced\nor restricted for all included employees; (4) certifies that it will not\nhire additional part time or full time employees for the affected work\nforce while the program is in operation; (5) agrees that no participant\nof the program shall receive, in the aggregate, more than twenty-six\nweeks of benefits exclusive of the waiting week; (6) provides a\ndescription of how workers in the work force will be notified of the\nshared work program in advance of it taking effect, if feasible, and if\nsuch notice is not feasible, provides an explanation of why such notice\nis not feasible; (7) provides an estimate of the number of workers who\nwould be laid off if the employer could not participate in the shared\nwork program; and (8) certifies that the terms of the employer's written\nplan and implementation shall be consistent with employer obligations\nunder applicable federal and state laws.\n