§ 860-A — Definitions

New York § 860-A

• Jurisdiction: New York
• Law LAB: Labor
• Art. 25-A: New York State Worker Adjustment and Retraining Notification Act

Text

§ 860-a. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Affected employees" means employees who may reasonably be expected\nto experience an employment loss as a consequence of a proposed plant\nclosing or mass layoff by their employer.\n 2. "Employment loss" means:\n (a) an employment termination, other than a discharge for cause,\nvoluntary departure, or retirement;\n (b) a mass layoff exceeding six months;\n (c) a reduction in hours of work of more than fifty percent during\neach month of any consecutive six-month period.\n "Employment loss" shall not result under circumstances where a plant\nclosing or mass layoff is the result of the relocation or consolidation\nof part or all of the employer's business and, before the closing or\nmass layoff, the employer offers to transfer the employee to a different\nsite of employment within a reasonable commuting distance with no more\nthan a six-month break in employment, or the employer offers to transfer\nthe employee to any other site of employment, regardless of distance,\nwith no more than a six-month break in employment, and the employee\naccepts within thirty days of the offer or of the closing or mass\nlayoff, whichever is later.\n 3. "Employer" means any business enterprise that employs fifty or more\nemployees, excluding part-time employees, or fifty or more employees\nthat work in the aggregate at least two thousand hours per week.\n"Employer" shall not include the federal or state government or any of\ntheir political subdivisions, including any unit of local government or\nany school district.\n 4. "Mass layoff" means a reduction in force which:\n (a) is not the result of a plant closing; and\n (b) results in an employment loss at a single site of employment\nduring any thirty-day period for:\n (i) at least thirty-three percent of the employees (excluding\npart-time employees); and\n (ii) at least twenty-five employees (excluding part-time employees);\nor\n (iii) at least two hundred fifty employees (excluding part-time\nemployees).\n 5. "Part-time employee" means an employee who is employed for an\naverage of fewer than twenty hours per week or who has been employed for\nfewer than six of the twelve months preceding the date on which notice\nis required.\n 6. "Plant closing" means the permanent or temporary shutdown of a\nsingle site of employment, or one or more facilities or operating units\nwithin a single site of employment, if the shutdown results in an\nemployment loss at the single site of employment during any thirty-day\nperiod for twenty-five or more employees (other than part-time\nemployees).\n 7. "Representative" means an exclusive representative within the\nmeaning of section 9(a) or 8(f) of the National Labor Relations Act (29\nU.S.C. 159(a), 158(f)) or section 2 of the Railway Labor Act (45 U.S.C.\n152).\n 8. "Relocation" means the removal of all or substantially all of the\nindustrial or commercial operations of an employer to a different\nlocation fifty miles or more away.\n