N.Y. LAB Law § 835 — New York Code / Act LAB / Article 24 / Section 835
Definitions
Status: in_force

§ 835. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n  1. "Additional dislocated workers" means a displaced homemaker who is\nan individual who:\n  (a) was a full-time homemaker for a substantial number of years; and\n  (b) derived the substantial share of his or her support from:\n  (i) a spouse and no longer receives such support due to the death,\ndivorce, permanent separation from the spouse, or\n  (ii) public assistance on account of dependents in the home and no\nlonger receives such support.\n  2. "Administrative entity" means the entity designated to administer a\njob training plan pursuant to section one hundred three (b) (1) (B) of\nthe federal Job Training Partnership Act (P.L. 97-300).\n  3. "Basic readjustment services" means services including, but not\nlimited to:\n  (a) development of individual readjustment plans for participants in\nprograms under this article;\n  (b) outreach and intake;\n  (c) early readjustment assistance;\n  (d) job or career counseling;\n  (e) testing;\n  (f) orientation;\n  (g) assessment, including evaluation of educational attainment and\nparticipant interests and aptitudes;\n  (h) determination of occupational skills;\n  (i) provision of future world-of-work and occupational information;\n  (j) job placement assistance;\n  (k) labor market information;\n  (l) job clubs;\n  (m) job search;\n  (n) job development;\n  (o) supportive services, including child care, commuting assistance,\nand financial and personal counseling which shall terminate not later\nthan the ninetieth day after the participant has completed other\nservices under this subdivision, except that counseling necessary to\nassist participants to retain employment shall terminate not later than\nsix months following the completion of training;\n  (p) prelayoff assistance;\n  (q) relocation assistance; and\n  (r) programs conducted in cooperation with employers or labor\norganizations to provide early intervention in the event of closures of\nplants or facilities.\n  4. "Dislocated workers" means individuals who:\n  (a) have been terminated or laid off or who have received a notice of\ntermination or layoff from employment, are eligible for or have\nexhausted their entitlement to unemployment compensation, and are\nunlikely to return to their previous industry or occupation;\n  (b) have been terminated or have received a notice of termination of\nemployment, as a result of any permanent closure of or any substantial\nlayoff at a plant, facility, or enterprise;\n  (c) are long-term unemployed and have limited opportunities for\nemployment or reemployment in the same or a similar occupation in the\narea in which such individuals reside, including older individuals who\nmay have substantial barriers to employment by reason of age; or\n  (d) were self-employed (including farmers and ranchers) and are\nunemployed as a result of general economic conditions in the community\nin which they reside or because of natural disasters, subject to\nregulations prescribed by the federal Secretary of Labor.\n  5. "Employer specific skill training" shall mean programs administered\nby the state education department designed to support, supplement and\ncontribute to the economic development activities of the department of\neconomic development and regional and local efforts to maintain the\neconomy of the state by providing skills training programs for companies\nwhich want to locate or expand in the state, including support to small\nbusiness and cottage industries, special training for new and expanding\nindustries in urban and rural areas and other training programs to meet\nthe needs of dislocated workers and the state's business and industry.\n  6. "Grant recipient" means the entity chosen within a service delivery\narea to receive funds from the state pursuant to section one hundred\nfour (b) (2) of the federal Job Training Partnership Act (P.L. 97-300).\n  7. "Labor-management committees" means committees voluntarily\nestablished to respond to actual or prospective worker dislocation,\nwhich ordinarily include, but are not limited to, the following:\n  (a) shared and equal participation by workers and management;\n  (b) shared financial participation between the company and the state,\nusing funds provided under this article, in paying for the operating\nexpenses of the committee;\n  (c) a chairperson, to oversee and guide the activities of the\ncommittee, (i) who shall be jointly selected by the labor and management\nmembers of the committee, (ii) who is not employed by or under contract\nwith labor or management at the site, and (iii) who shall provide advice\nand leadership to the committee and prepare a report on its activities;\n  (d) the ability to respond flexibly to the needs of affected workers\nby devising and implementing a strategy for assessing the employment and\ntraining needs of each dislocated worker and for obtaining the services\nand assistance necessary to meet those needs;\n  (e) a formal agreement, terminable at will by the workers or the\ncompany management, and terminable for cause by the governor; and\n  (f) local job identification activities by the chairperson and members\nof the committee on behalf of the affected workers.\n  8. "Local elected official" means the chief elected executive officer\nof a unit of general local government in a substate area.\n  9. "On-the-job training" means training which is specified in an\nagreement between the grantee and the employer and includes both work\nexperience and training, formalized in an outline defining each training\ncomponent and outcomes of the training process.\n  10. "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 a single site of employment during any thirty day\nperiod for twenty-five or more employees excluding any part-time\nemployees. In addition, should the shutdown directly cause an employment\nloss at any additional site, all such employees at the additional site\nor sites shall be counted toward the twenty-five required to meet this\ndefinition.\n  11. "Private industry council" means local private industry council as\ndefined in section one hundred two of the federal Job Training\nPartnership Act (P.L. 97-300).\n  12. "Region" means the economic development regions as defined by the\ndepartment of economic development.\n  13. "Retraining services" means services which may include, but are\nnot limited to:\n  (a) classroom training;\n  (b) occupational skill training;\n  (c) on-the-job training;\n  (d) out-of-area job search;\n  (e) relocation;\n  (f) basic and remedial education;\n  (g) literacy and English for non-English-speaker training;\n  (h) entrepreneurial training; and\n  (i) other appropriate training activities directly related to\nappropriate employment opportunities within the substate area.\n  14. "Service delivery area" means a local service delivery area as\ndefined in section one hundred one of the federal Job Training\nPartnership Act (P.L. 97-300).\n  15. "Service provider" means a public agency, private nonprofit\norganization, or private for-profit entity that delivers educational,\ntraining, or employment services.\n  16. "Substantial layoff" means any reduction-in-force which is not the\nresult of a plant closing and which results in an employment loss at a\nsingle site of employment during any thirty day period for:\n  (a) (i) at least thirty-three percent of the employees (excluding\nemployees regularly working less than twenty hours per week); and\n  (ii) at least fifty employees (excluding employees regularly working\nless than twenty hours per week); or\n  (b) at least five hundred employees (excluding employees regularly\nworking less than twenty hours per week).\n  17. "Substate areas" means that geographic area in a state established\nby the governor pursuant to section three hundred twelve (a) of the\nfederal Economic Dislocation and Worker Adjustment Assistance Act (P.L.\n100-418), provided that the governor shall notify in writing the\npresident pro tempore of the senate, speaker of the assembly, minority\nleader of the senate and minority leader of the assembly not less than\nsixty days prior to any change in the designation of such area.\n  18. "Substate grantees" means that agency or organization selected to\nadminister programs pursuant to section three hundred twelve (b) of the\nfederal Economic Dislocation and Worker Adjustment Assistance Act (P.L.\n100-418) and section eight hundred thirty-six of this article.\n