Sec. 1224. Bridge to Work program
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/bill/115/hr/4074/ih/section-1224·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A State may use funds allotted to the State under this part to establish and administer a Bridge to Work program described in this section. In order to increase individuals’ opportunities to move to permanent employment, a State may establish a Bridge to Work program to provide an EUC claimant with short-term work experience placements with an eligible employer, during which time such individual— shall be paid emergency unemployment compensation payable under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), as wages for work performed, and as specified in subsection (c); shall be paid the additional amount described in subsection
(e)as augmented wages for work performed; and may be paid compensation in addition to the amounts described in paragraphs
(1)and
(2)by a State or by a participating employer as wages for work performed. For purposes of this program— individuals who, except for the requirements described in paragraph (3), are eligible to receive emergency unemployment compensation payments under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and who choose to participate in the program described in subsection (b), shall receive such payments as wages for work performed during their voluntary participation in the program described under subsection (b); the wages payable to individuals described in paragraph
(1)shall be paid from the emergency unemployment compensation account for such individual as described in section 4002 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and the amount in such individual’s account shall be reduced accordingly; the wages payable to an individual described in paragraph
(1)shall be payable in the same amount, at the same interval, on the same terms, and subject to the same conditions under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), except that— State requirements applied under such Act relating to availability for work and active search for work are not applicable to such individuals who participate for at least 25 hours per week in the program described in subsection
(b)for the duration of such individual’s participation in the program; State requirements applied under such Act relating to disqualifying income regarding wages earned shall not apply to such individuals who participate for at least 25 hours per week in the program described in subsection (b), and shall not apply with respect to— the wages described under subsection (b); and any wages, in addition to those described under subsection (b), whether paid by a State or a participating employer for the same work activities; State prohibitions or limitations applied under such Act relating to employment status shall not apply to such individuals who participate in the program described in subsection (b); and State requirements applied under such Act relating to an individual’s acceptance of an offer of employment shall not apply with regard to an offer of long-term employment from a participating employer made to such individual who is participating in the program described in subsection
(b)in a work experience provided by such employer, where such long-term employment is expected to commence or commences at the conclusion of the duration specified in paragraph (4)(A); the program shall be structured so that individuals described in paragraph
(1)may participate in the program for up to— 8 weeks, and 38 hours for each such week; a State shall ensure that all individuals participating in the program are covered by a workers’ compensation insurance program; and the program meets such other requirements as the Secretary of Labor determines to be appropriate in guidance issued by the Secretary. A State may certify as eligible for participation in the program under this section any employer that meets the eligibility criteria as established in guidance by the Secretary of Labor, except that an employer shall not be certified as eligible for participation in the program described under subsection (b)— if such employer— is a Federal, State, or local government entity; would engage an eligible individual in work activities under any employer’s grant, contract, or subcontract with a Federal, State, or local government entity, except with regard to work activities under any employer’s supply contract or subcontract; is delinquent with respect to any taxes or employer contributions described under sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 or with respect to any related reporting requirements; is engaged in the business of supplying workers to other employers and would participate in the program for the purpose of supplying individuals participating in the program to other employers; or has previously participated in the program and the State has determined that such employer has failed to abide by any of the requirements specified in subsection (h), (i), or (j), or by any other requirements that the Secretary may establish for employers under subsection (c)(6); and unless such employer provides assurances that it has not displaced existing workers pursuant to the requirements of subsection (h). Funds allotted to a State under this part for the program— shall be used to— recruit employers for participation in the program; review and certify employers identified by eligible individuals seeking to participate in the program; ensure that reemployment and counseling services are available for program participants, including services describing the program under subsection (b), prior to an individual’s participation in such program; establish and implement processes to monitor the progress and performance of individual participants for the duration of the program; prevent misuse of the program; and pay augmented wages to eligible individuals, if necessary, as described in subsection (e); and may be used— to pay workers’ compensation insurance premiums to cover all individuals participating in the program, except that, if a State opts not to make such payments directly to a State administered workers’ compensation program, the State involved shall describe in the approved State plan the means by which such State shall ensure workers’ compensation or equivalent coverage for all individuals who participate in the program; to pay compensation to a participating individual that is in addition to the amounts described in subsections (c)(1) and
(e)as wages for work performed; to provide supportive services, such as transportation, child care, and dependent care, that would enable individuals to participate in the program; for the administration and oversight of the program; and to fulfill additional program requirements included in the approved State plan. In the event that the wages described in subsection (c)(1) are not sufficient to equal or exceed the minimum wages that are required to be paid by an employer under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law, whichever is higher, a State shall pay augmented wages to a program participant in any amount necessary to cover the difference between— such minimum wages amount; and the wages payable under subsection (c)(1). None of the wages paid under this section shall be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need. Any wages paid under this section and any additional wages paid by an employer to an individual described in subsection (c)(1), and any work activities performed by such individual as a participant in the program, shall not be construed so as to render such individual ineligible to receive emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). An employer shall not use a program participant to displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any current employee (as of the date of the participation). An employer shall not permit a program participant to perform work activities related to any job for which— any other individual is on layoff from the same or any substantially equivalent position; the employer has terminated the employment of any employee or otherwise reduced the workforce of the employer with the intention of filling or partially filling the vacancy so created with the work activities to be performed by a program participant; there is a strike or lock out at the worksite that is the participant’s place of employment; or the job is created in a manner that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). An employer shall not, by means of assigning work activities under this section, impair an existing contract for services or a collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization that is signatory to the collective bargaining agreement. If, after 24 weeks of participation in the program, an employer has not made an offer of suitable long-term employment to any individual described under subsection (c)(1) who was placed with such employer and has completed the program, a State shall bar such employer from further participation in the program. States may impose additional conditions on participating employers to ensure that an appropriate number of participants receive offers of suitable long-term employment. If a State makes a determination based on information provided to the State, or acquired by the State by means of its administration and oversight functions, that a participating employer under this section has violated a requirement of this section, the State shall bar such employer from further participation in the program. The State shall establish a process whereby an individual described in subsection (c)(1), or any other affected individual or entity, may file a complaint with the State relating to a violation of any requirement or prohibition under this section. An individual who is participating in a program described in subsection
(b)may opt to discontinue participation in such program. An individual who opts to discontinue participation in such program, is terminated from such program by a participating employer, or who has completed participation in such program, and who continues to meet the eligibility requirements for emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), shall receive emergency unemployment compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 4002(b) of such Act or to the extent that such individual commences receiving the amounts described in subsection (c), (d), or
(e)of such section, respectively. Unless otherwise provided in this section, nothing in this section shall be construed to alter or affect the rights or obligations under any Federal, State, or local laws with respect to any individual described in subsection (c)(1) and with respect to any participating employer under this section. All wages or other payments to an individual under this section shall be treated as payments of unemployment compensation for purposes of section 209 of the Social Security Act ( 42 U.S.C. 409 ) and for purposes of subtitle A and sections 3101, 3111, and 3301 of the Internal Revenue Code of 1986.
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- Pub. L. 110-252
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