2023 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.