SSB 1149

The division also strikes language providing an additional weeks of benefits to such individuals if the state “off” indicator, which relates to the rate of insured unemployment in the state, is in effect. This provision applies to any week of unemployment benefits beginning on or after the first Sunday after the effective date of the division. Under current law, an individual is disqualified from eligibility for unemployment benefits if the department of workforce development finds that the individual has been discharged for misconduct in connection with the individual’s employment. “Misconduct” is defined by the department by rule. The division provides that “misconduct” means a deliberate act or omission by an employee that constitutes a material breach of the duties and obligations arising out of the employee’s contract of employment. _____ wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer. The division includes a nonexclusive list of behaviors that constitute misconduct. The division strikes language providing that notifications of interested parties that a claim for unemployment benefits has been made be sent by ordinary mail. The division instead provides that such notifications shall be in a format as specified by the department selected by the parties. The division provides that an employer or employing unit refusing or failing to make and file required records is subject to a possible injunction by the department for the violation. The division modifies a reference to plans for liquidation of deficiencies under Code chapter by an employer or employing unit to specify that such a plan is for the liquidation of a business to pay for such deficiencies. The division modifies conditions for approval of a voluntary shared work program by the department. The division provides that a reduction in hours and corresponding reduction in wages that must be applied equally to all employees in the affected unit must be applied equally for each week reported. The division provides that an employer shall only be authorized one plan during a 24-month period. The division requires an employer to notify all affected employees and receive consent from each participating employee before the plan is authorized. The division also permits an employer to file an appeal in writing of a denial or approval of a plan or revocation of an approved plan by the department within days from the date of the decision and replaces a reference to the federal Workforce Investment Act of 1998 with a reference to the federal Workforce Innovation and Opportunity Act. _____ effective date of the division. The division takes effect upon enactment. DIVISION II. This division strikes language providing that an eligible individual’s maximum weekly benefit amount varies with the number of dependents the individual has. The division instead provides that an individual with dependents is subject to a maximum of percent of the statewide average weekly wage. The division strikes language defining “dependent”. The division strikes additional obsolete language. These provisions apply to any week of unemployment benefits beginning on or after July 5, 2020. The division provides that in order to be eligible for unemployment benefits, an individual must satisfy a single one-week waiting period during the individual’s benefit year. To satisfy the one-week waiting period, the individual, with respect to the week in question, must be eligible for benefits from this state, but must not have received benefits from this state, and must not be eligible for benefits from another state. This provision applies to any new claim of unemployment benefits with an effective date on or after July 5, 2020. The division provides that a landscaping contributory employer, as defined by the department by rule, which is newly subject to Code chapter shall pay contributions at the rate specified in the twenty-first benefit ratio rank until the end of the calendar year in which the employer’s account has been chargeable with benefits for consecutive calendar quarters. The division takes effect July 1, 2020.