§ 860-B — Notice

New York § 860-B

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

Text

§ 860-b. Notice. 1. An employer may not order a mass layoff,\nrelocation, or employment loss, unless, at least ninety days before the\norder takes effect, the employer gives written notice of the order to\nthe following:\n (a) affected employees and the representatives of affected employees;\n (b) the department;\n (c) the local workforce investment boards established pursuant to the\nfederal Workforce Investment Act (P.L. 105-220) for the locality of the\nsite of employment at which the mass layoff, relocation, or employment\nloss will occur;\n (d) the chief elected official of the unit or units of local\ngovernment and the school district or districts for the locality of the\nsite of employment at which the mass layoff, relocation or employment\nloss will occur; and\n (e) each locality which provides police, firefighting, emergency\nmedical or ambulance services or other emergency services to the site of\nemployment within which such mass layoff, relocation, or employment loss\nwill occur, as applicable.\n 2. An employer required to give notice of any mass layoff, relocation,\nor employment loss under this article shall include in its notice the\nelements required by the federal Worker Adjustment and Retraining\nNotification Act (29 U.S.C. 2101 et seq.).\n 3. Notwithstanding the requirements of subdivision one of this\nsection, an employer is not required to provide notice if a mass layoff,\nrelocation, or employment loss is necessitated by a physical calamity or\nan act of terrorism or war.\n 4. The mailing of notice to an employee's last known address by either\nfirst class or certified mail or the inclusion of notice in an\nemployee's paycheck shall be considered acceptable methods for\nfulfillment of the employer's obligation to give notice to each affected\nemployee under this article.\n 5. In the case of a sale of part or all of an employer's business, the\nseller shall be responsible for providing notice for any plant closing\nor mass layoff in accordance with this section, up to and including the\neffective date of the sale. After the effective date of the sale of part\nor all of an employer's business, the purchaser shall be responsible for\nproviding notice for any plant closing or mass layoff in accordance with\nthis section. Notwithstanding any other provision of this article, any\nperson who is an employee of the seller as of the effective date of the\nsale shall be considered an employee of the purchaser immediately after\nthe effective date of the sale.\n 6. Nothing set forth herein shall be read to abridge, abrogate, or\nrestrict the right of any state or local entity to require an employer\nthat is receiving state or local economic development incentives for\ndoing or continuing to do business in this state from being required to\nprovide additional or earlier notice as a condition for the receipt of\nsuch incentives.\n 7. Nothing set forth herein shall be read to prevent an employer who\nis not required to comply with the notice requirements of this section,\nto the extent possible, to provide notice to its employees about a\nproposal to close a plant or permanently reduce its workforce.\n 8. Calendar days. All references in this article to "days" shall be\ndeemed to mean calendar days.\n