NY Lab L § 860-B (2021)
2021 New York Laws LAB - Labor Article 25-A - New York State Worker Adjustment and Retraining Notification Act 860-B - Notice.

§  860-b.  Notice.  1.  An  employer  may  not  order  a  mass layoff, relocation, or employment loss, unless, at least ninety days before  the order  takes  effect,  the employer gives written notice of the order to the following:  (a) affected employees and the representatives of affected employees;  (b) the department;  (c) the local workforce investment boards established pursuant to  the federal  Workforce Investment Act (P.L. 105-220) for the locality of the site of employment at which the mass layoff, relocation,  or  employment loss will occur;  (d)  the  chief  elected  official  of  the  unit  or  units  of local government and the school district or districts for the locality of  the site  of  employment  at which the mass layoff, relocation or employment loss will occur; and  (e) each  locality  which  provides  police,  firefighting,  emergency medical or ambulance services or other emergency services to the site of employment within which such mass layoff, relocation, or employment loss will occur, as applicable.   2. An employer required to give notice of any mass layoff, relocation, or  employment  loss  under this article shall include in its notice the elements required  by  the  federal  Worker  Adjustment  and  Retraining Notification Act (29 U.S.C. 2101 et seq.).   3.  Notwithstanding  the  requirements  of  subdivision  one  of  this section, an employer is not required to provide notice if a mass layoff, relocation, or employment loss is necessitated by a physical calamity or an act of terrorism or war.   4. The mailing of notice to an employee's last known address by either first class  or  certified  mail  or  the  inclusion  of  notice  in  an employee's   paycheck   shall   be  considered  acceptable  methods  for fulfillment of the employer's obligation to give notice to each affected employee under this article.   5. In the case of a sale of part or all of an employer's business, the seller shall be responsible for providing notice for any  plant  closing or  mass layoff in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser shall be responsible for providing notice for any plant closing or mass layoff in accordance with this section. Notwithstanding any other provision of this  article,  any person  who is an employee of the seller as of the effective date of the sale shall be considered an employee of the purchaser immediately  after the effective date of the sale.   6.  Nothing  set  forth  herein shall be read to abridge, abrogate, or restrict the right of any state or local entity to require  an  employer that  is  receiving  state  or local economic development incentives for doing or continuing to do business in this state from being required  to provide  additional  or earlier notice as a condition for the receipt of such incentives.   7. Nothing set forth herein shall be read to prevent an  employer  who is  not required to comply with the notice requirements of this section, to the extent possible, to provide  notice  to  its  employees  about  a proposal to close a plant or permanently reduce its workforce.   8.  Calendar  days.  All references in this article to "days" shall be deemed to mean calendar days.