§ 9A-13 — Work activity; anti-displacement provisions

(a) As used in this Section "work activity" means any workfare, earnfare, pay-after-performance, work-off-the-grant, work experience, or other activity under Section 9A-9 or any other Section of this Code in which a recipient of public assistance performs work for any employer as a condition of receiving the public assistance, and the employer does not pay wages for the work; or as any grant diversion, wage supplementation, or similar program in which the public assistance grant is provided to the employer as a subsidy for the wages of any recipient in its workforce. (b) An employer may not utilize a work activity participant if such utilization would result in: (1) the displacement or partial displacement of current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or (2) the filling of a position that would otherwise be a promotional opportunity for current employees; or (3) the filling of a position created by or causing termination, layoff, a hiring freeze, or a reduction in the workforce; or (4) the placement of a participant in any established unfilled vacancy; or (5) the performance of work by a participant if there is a strike, lockout, or other labor dispute in which the employer is engaged. (c) An employer who wishes to utilize work activity participants shall, at least 15 days prior to utilizing such participants, notify the labor organization of the name, work location, and the duties to be performed by the participant. (d) The Department of Human Services shall establish a grievance procedure for employees and labor organizations to utilize in the event of any alleged violation of this Section. Notwithstanding the above, a labor organization may utilize the established grievance or arbitration procedure in its collective bargaining agreement to contest violations of this Section.

Legislative History

(Source: P.A. 92-111, eff. 1-1-02.)