(a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title 19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required to participate in the Program.
(b) As part of the State’s overall effort to place employable recipients in unsubsidized private sector jobs, the Department, DOL, and the WDB, in cooperation with the Committee on Employment and Social Services, shall recruit participating employers from among those employers subject to the unemployment insurance tax, through public invitation and through cooperative efforts with business associations, chambers of commerce, local governments and other such organizations.
(c) Each participating employer shall enter into an agreement with the Department to abide by all requirements of the Program, and to repay reimbursements in the event that the employer violates program rules. If the Department finds that a participating employer has violated the rules of the Program, the Department shall withhold any amounts due to the employer under this chapter, and may seek repayment of any amounts paid to employers under this chapter.
(d) The maximum number of program participants that any employer may utilize at one time shall not exceed 10 percent of the total number of the employer’s employees in the State, but any employer may utilize one participant. The Secretary may waive this limitation in special circumstances.
(e) The Department shall assign available jobs on the basis of a preference schedule developed by the Department. In consultation with the participant, the Department shall try to match the prior training and education, work profile and desires of the participant with the needs of an employer when making a placement; provided, however, that non-cooperation by the participant shall give rise to sanctions pursuant to §§ 512, 518, and 1508 of this title.
(f) Either the employer or the participant may terminate a placement by contacting the appropriate Department office. If a participant terminates a placement with good cause, the Department shall reassess the needs and skills of the participant and determine an appropriate course of action, such as whether to place the participant in another private sector job, another Program placement, a work force job, or a job training or educational program. If a participant terminates a placement without good cause, the participant shall be subject to sanctions established pursuant to §§ 512, 518, and 1508 of this title. If an employer terminates a placement with good cause, the Department may, at the employer’s request, provide the employer with another participant. If an employer terminates a placement without good cause, such employer may be precluded from further participation in the Program and shall be permitted to participate subsequently only upon application to the Department and a determination by the Department that the employer is likely to comply with the Program’s rules and regulations.
(g) The Department shall establish criteria for excluding employers from participation for failure to abide by Program requirements or other demonstrated unwillingness to comply with the stated intent of the Program.
(h) Employers making jobs available to Program participants shall:
(1) Endeavor to make placements positive learning, training and employment experiences for Program participants:
(2) Maintain health, safety and working conditions for participants at or above levels comparable to those of other employees of the employer;
(3) Offer such on-the-job training, including workplace monitoring, as may be necessary to enable the participants to perform their duties;
(4) Conform to § 3304(a)(5) of the Federal Unemployment Tax Act [26 U.S.C. § 3304(a)(5)], which requires that the job offered cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers;
(5) Pay a wage that is substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments for experience and training, and including provision for advance receipt of the federal Earned Income Tax Credit (“EITC”), but in no case lower than the state minimum wage provided in § 902 of Title 19;
(6) Withhold from each participant’s paycheck, and pay as required by federal and state law, federal and State income taxes, and social security contributions;
(7) Provide workers’ compensation coverage as required by state law;
(8) Allow sick leave, holiday and vacation absences in conformity to the individual employer’s policy for temporary employees;
(9) Offer group health insurance benefits if, and to the extent that, state or federal law requires the employer to provide such benefits;
(10) Make an additional contribution to the participant’s Personal Advancement Account, as provided in § 1507 of this title.
(i) For a maximum of 6 months, the Department shall reimburse the employer for each participant hour worked in the amount of the state minimum wage. The employer shall be responsible for each participant’s unemployment insurance taxes and workers’ compensation insurance premiums, and the employer’s share of the Federal Insurance Contributors Act.
(j) If after 4 months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow the worker to undertake 8 hours of job search per week. Participating employers shall consider such time as hours worked for the purpose of paying wages.
(k) If after 6 months in a placement a participant has not been hired for an unsubsidized position, the placement shall be terminated and the employer shall file a statement with the Department explaining its reason for not hiring the participant in an unsubsidized position. At that time, the Department, DOL, or the WDB as the case may be, shall reassess the participant’s employability and determine an appropriate course of action such as whether to place the participant in another private sector job, a workfare job, or a job training or educational program, another Program placement, or to sanction the participant pursuant to its authority under § 1508 of this title and §§ 512 and 518 of this title.
( l ) The Department, DOL, or the WDB may provide the following types of services: Job readiness, job development, job training and placement, job support, program evaluation, and other services incident to the operation of the Program, and to that end, shall, to the extent such services may be provided more cost-effectively in such manner, subcontract for such services with qualified public and private organizations.
