NY Lab L § 835 (2021)
2021 New York Laws LAB - Labor Article 24 - Worker Adjustment Act 835 - Definitions.

§  835.  Definitions.  For the purposes of this article, the following terms shall have the following meanings:   1. "Additional dislocated workers" means a displaced homemaker who  is an individual who:  (a) was a full-time homemaker for a substantial number of years; and  (b) derived the substantial share of his or her support from:  (i)  a  spouse  and  no longer receives such support due to the death, divorce, permanent separation from the spouse, or  (ii) public assistance on account of dependents in  the  home  and  no longer receives such support.   2. "Administrative entity" means the entity designated to administer a job  training  plan pursuant to section one hundred three (b) (1) (B) of the federal Job Training Partnership Act (P.L. 97-300).   3. "Basic readjustment services" means  services  including,  but  not limited to:  (a)  development  of individual readjustment plans for participants in programs under this article;  (b) outreach and intake;  (c) early readjustment assistance;  (d) job or career counseling;  (e) testing;  (f) orientation;  (g) assessment, including evaluation  of  educational  attainment  and participant interests and aptitudes;  (h) determination of occupational skills;  (i) provision of future world-of-work and occupational information;  (j) job placement assistance;  (k) labor market information;  (l) job clubs;  (m) job search;  (n) job development;  (o)  supportive  services, including child care, commuting assistance, and financial and personal counseling which shall  terminate  not  later than  the  ninetieth  day  after  the  participant  has  completed other services under this subdivision, except  that  counseling  necessary  to assist  participants to retain employment shall terminate not later than six months following the completion of training;  (p) prelayoff assistance;  (q) relocation assistance; and  (r)  programs  conducted  in  cooperation  with  employers  or   labor organizations  to provide early intervention in the event of closures of plants or facilities.   4.  "Dislocated  workers"  means  individuals  who:  (a)  have  been terminated  or  laid off or who have received a notice of termination or layoff from  employment,  are  eligible  for  or  have  exhausted  their entitlement  to unemployment compensation, and are unlikely to return to their previous industry or occupation;  (b) have been terminated or have received a notice of  termination  of employment,  as  a result of any permanent closure of or any substantial layoff at a plant, facility, or enterprise;  (c) are  long-term  unemployed  and  have  limited  opportunities  for employment  or  reemployment  in the same or a similar occupation in the area in which such individuals reside, including older  individuals  who may have substantial barriers to employment by reason of age; or  (d)  were  self-employed  (including  farmers  and  ranchers)  and are unemployed as a result of general economic conditions in  the  community in  which  they  reside  or  because  of  natural  disasters, subject to regulations prescribed by the federal Secretary of Labor.    5. "Employer specific skill training" shall mean programs administered by the state education department designed to  support,  supplement  and contribute  to  the economic development activities of the department of economic development and regional and  local  efforts  to  maintain  the economy of the state by providing skills training programs for companies which  want to locate or expand in the state, including support to small business and cottage industries, special training for new and  expanding industries  in urban and rural areas and other training programs to meet the needs of dislocated workers and the state's business and industry.   6. "Grant recipient" means the entity chosen within a service delivery area to receive funds from the state pursuant  to  section  one  hundred four (b) (2) of the federal Job Training Partnership Act (P.L.  97-300).   7.   "Labor-management   committees"   means   committees  voluntarily established to respond to  actual  or  prospective  worker  dislocation, which ordinarily include, but are not limited to, the following:  (a) shared and equal participation by workers and management;  (b)  shared financial participation between the company and the state, using funds provided under this article, in  paying  for  the  operating expenses of the committee;  (c)  a  chairperson,  to  oversee  and  guide  the  activities  of the committee, (i) who shall be jointly selected by the labor and management members of the committee, (ii) who is not employed by or under  contract with labor or management at the site, and (iii) who shall provide advice and leadership to the committee and prepare a report on its activities;  (d)  the  ability to respond flexibly to the needs of affected workers by devising and implementing a strategy for assessing the employment and training needs of each dislocated worker and for obtaining the  services and assistance necessary to meet those needs;  (e)  a  formal  agreement,  terminable  at  will by the workers or the company management, and terminable for cause by the governor; and  (f) local job identification activities by the chairperson and members of the committee on behalf of the affected workers.   8. "Local elected official" means the chief elected executive  officer of a unit of general local government in a substate area.   9.  "On-the-job  training"  means  training  which  is specified in an agreement between the grantee and the employer and  includes  both  work experience and training, formalized in an outline defining each training component and outcomes of the training process.   10.  "Plant  closing"  means  the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating  units within  a  single  site  of  employment,  if  the shutdown results in an employment loss at a single site of employment  during  any  thirty  day period  for  twenty-five  or  more  employees  excluding  any  part-time employees. In addition, should the shutdown directly cause an employment loss at any additional site, all such employees at the  additional  site or  sites  shall be counted toward the twenty-five required to meet this definition.   11. "Private industry council" means local private industry council as defined  in  section  one  hundred  two  of  the  federal  Job  Training Partnership Act (P.L. 97-300).   12.  "Region" means the economic development regions as defined by the department of economic development.   13. "Retraining services" means services which may  include,  but  are not limited to:  (a) classroom training;  (b) occupational skill training;  (c) on-the-job training;  (d) out-of-area job search;  (e) relocation;  (f) basic and remedial education;  (g) literacy and English for non-English-speaker training;  (h) entrepreneurial training; and  (i)   other   appropriate  training  activities  directly  related  to appropriate employment opportunities within the substate area.   14. "Service delivery area" means a local  service  delivery  area  as defined  in  section  one  hundred  one  of  the  federal  Job  Training Partnership Act (P.L. 97-300).   15. "Service  provider"  means  a  public  agency,  private  nonprofit organization,  or  private  for-profit entity that delivers educational, training, or employment services.   16. "Substantial layoff" means any reduction-in-force which is not the result of a plant closing and which results in an employment loss  at  a single site of employment during any thirty day period for:  (a)  (i)  at  least  thirty-three  percent of the employees (excluding employees regularly working less than twenty hours per week); and  (ii) at least fifty employees (excluding employees  regularly  working less than twenty hours per week); or  (b)  at  least  five  hundred employees (excluding employees regularly working less than twenty hours per week).   17. "Substate areas" means that geographic area in a state established by the governor pursuant to section three  hundred  twelve  (a)  of  the federal  Economic Dislocation and Worker Adjustment Assistance Act (P.L. 100-418), provided  that  the  governor  shall  notify  in  writing  the president  pro  tempore of the senate, speaker of the assembly, minority leader of the senate and minority leader of the assembly not  less  than sixty days prior to any change in the designation of such area.   18.  "Substate grantees" means that agency or organization selected to administer programs pursuant to section three hundred twelve (b) of  the federal  Economic Dislocation and Worker Adjustment Assistance Act (P.L. 100-418) and section eight hundred thirty-six of this article.