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California Governor Signs Bill Extending Provisions Related to Filing Work Share Plans Indefinitely

In 2020, California passed Assembly Bill (AB) 1731, which created an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer was participating in a work-sharing plan that met specified requirements and was approved by the Director of Employment Development. Employers were required to submit to the director a signed, written work-sharing plan application form that met specific requirements.

For work sharing plan applications submitted by eligible employers between September 15, 2020, and September 1, 2023, AB 1731 required that, upon approval by the Director of Employment Development, they be deemed approved for one year, except as specified.

Moreover, the Employment Development Department (EDD) is required to mail an eligible employer a claim packet for each participating employee within 5 business days following approval of the application. The EDD must also make online claim forms available to the approved employer for each participating employee within 5 business days following approval of the application if an employer submitted its work sharing plan application online.

On July 19, 2022, Governor Newsom signed Assembly Bill (AB) 1854, which extends the provisions under AB 1731, indefinitely, and requires the EDD to accept electronic signatures on all work sharing plan documents.

Jackson Lewis P.C. © 2023National Law Review, Volume XII, Number 206
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About this Author

Principal

Nicky Jatana is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. Her practice focuses on employment litigation, as well as on advising employers regarding daily workplace issues. She is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals (IAPP).

Ms. Jatana has experience with litigation involving wrongful termination, discrimination, harassment, breach of contract, wage and hour, preventive advice and training, and other labor and employment-related matters. She has litigated...

213-630-8233
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