reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.4 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The education
				  and training program required by Labor Law, section
				  878, need not be provided to a former
				  employee or an employee on leave or lay-off unless or until such employee
				  returns to work.
(b) Employees are
				  entitled to the education and training required by Labor Law, section
				  878, if they are routinely exposed to any
				  toxic substance as "routine exposure" is defined in section
				  820.2(e) 
				  of this Part.
(c) Time, location
				  and manner of training.
(1) The education and
				  training program required by Labor Law, section
				  878, must be provided by qualified trainers
				  during employees' regular working hours, with no loss of pay, in a location
				  convenient to the job site of the employee(s) receiving such
				  training.
(2) The education and
				  training program required by Labor Law, section
				  878, must be tailored to the individual
				  workplace environment and must include an oral explanation to accompany any
				  written material. If a substantial number of the employees in any particular
				  education and training group speak a particular language other than English as
				  their primary language and cannot comprehend an English-language education and
				  training program, the education and training program must be provided to such
				  employees in that language as well as in English.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.5 - General recordkeeping responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record required to be maintained by
				  Labor Law, section
				  879, shall
				  specify the name, address and social security number of the employee, and the
				  chemical and trade name(s), chemical abstracts service number, and
				  manufacturer, if known, of each substance to which the employee has been
				  exposed.
(b) The employer shall
				  keep a file of any written materials maintained to comply with Labor Law,
				  article 28, including, at least, training materials and the MSDS's or chemical
				  data sheets for each toxic substance found in the workplace since the effective
				  date of Labor Law, article 28, whether or not the substance is still present in
				  the workplace.
(c) An employer
				  ceasing operations or relocating out of the State shall supply the New York
				  State Department of Health with a copy of the records required under
				  subdivisions (a) and (b) of this section.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.6 - Information and assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Any employer may request further information or assistance
					 regarding these regulations or compliance therewith by contacting the Bureau of
					 Toxic Substance Assessment of the New York State Department of
					 Health.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 820 - Toxic Substances-information, Training And Education › Section 820.7 - Separability

Current through Register Vol. 46, No. 28, July 10, 2024
If any section, clause or provision of this Part shall be
					 unconstitutional, or be invalid or ineffective in whole or in part, to the
					 extent that it is not unconstitutional, invalid or ineffective, it shall be
					 valid and effective and no other section, clause or provision shall on account
					 thereof be deemed invalid or ineffective.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 830 - Penalties › Section 830.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth procedures for the assessment of
					 penalties for an employer's failure to correct a violation of Labor Law,
					 section
					 27-a, or a safety and health standard or
					 regulation promulgated under Labor Law, section
					 27-a, by the abatement
					 date.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 830 - Penalties › Section 830.3 - System of penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer is notified of a violation by the commissioner by issuance of a notice
				  of violation and order to comply, which fixes a reasonable abatement date for
				  each violation.
(b) If an employer
				  fails to abate a violation by the abatement date, penalties are assessed by the
				  commissioner by issuing a notification of failure to abate which establishes
				  the amount of the penalty to be assessed for each day until the compliance
				  date.
(c) Pursuant to Labor Law,
				  section
				  27-a(6), an employer who
				  fails to correct a nonserious violation by the abatement date may be assessed a
				  civil penalty of up to $50 per day until the compliance date. An employer who
				  fails to correct a serious violation by the abatement date may be assessed a
				  civil penalty of up to $200 per day until the compliance date.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 830 - Penalties › Section 830.4 - Period for which penalties are assessed

Current through Register Vol. 46, No. 28, July 10, 2024
Penalties are calculated by calendar day. If an employer
					 has not corrected a violation by the abatement date, the first day for which a
					 penalty will be assessed is the day following the abatement date. Penalties
					 will continue to run until such time as the department has confirmed that the
					 employer has corrected the violation. The last day for which a penalty will be
					 assessed is the compliance date. An order to comply with section 27-a  of the Labor Law shall be issued to
					 the employer following the compliance date, notifying the employer of the final
					 amount of penalties due; however, nothing in this section shall limit the right
					 of the commissioner to enforce the payment of penalties due in connection with
					 any violation prior to the date on which such violation is
					 complied.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 830 - Penalties › Section 830.5 - Penalty assessment factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In determining the amount of the civil
				  penalty to be assessed for each day for which a violation remains unabated, the
				  following factors shall be taken into consideration:
(1) The gravity of the violation, including:
(i) the probability of the injury or illness
				  occurring, as determined by the use of the factors listed under subdivision (b)
				  or (c) of this section;
(ii) the
				  severity of the injury or illness which could result from the violation;
				  and
(iii) the characterization of
				  the violation as a willful and/or repeat violation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 840 › Section 840.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
A.
GENERAL
				  PROVISIONS
1. This standard shall apply
				  to:
i. Employers with worksites located in
				  New York State; and
ii. Only an
				  airborne infectious disease designated by the Commissioner of Health as a
				  highly contagious communicable disease that presents a serious risk of harm to
				  the public health.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 900 - Youth Education, Employment And Training Program › Section 900.1 - Purposes and objectives

Current through Register Vol. 46, No. 28, July 10, 2024
The Youth Education, Employment and Training Program shall
				  provide economically disadvantaged youth 14 to 21 years of age with educational
				  remediation, career exploration, vocational training, counseling, support
				  services and work experience services designed to result in improved retention
				  in school, improvement in basic academic and vocational skills, acquisition of
				  a high school diploma or its equivalent, enrollment in continuing education or
				  training programs, or the attainment of enhanced employment and career
				  opportunities.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 900 - Youth Education, Employment And Training Program › Section 900.3 - Identification of local projects

Current through Register Vol. 46, No. 28, July 10, 2024
Direct services to program participants will be provided
				  through local projects selected by the department as follows:
(a) Selection of local projects will be based
				on an evaluation of proposals submitted by eligible organizations in response
				to a request for proposals issued by the department to eligible
				organizations.
(b) The program
				request for proposals will identify the objectives of the program, the design
				of the various models to be used in delivering services, the criteria to be
				used in evaluating proposals and such additional information as will enable the
				eligible organization to develop appropriate proposals and the department to
				select appropriate local projects.
(c) In selecting proposals for local
				projects, the department will consider criteria including, but not limited to:
(1) awareness and knowledge of target
				population need;
(2) quality of
				proposal;
(3) evidence of
				demonstrated involvement and delivery of employment and training services to
				the target population by the eligible organization;
(4) evidence of demonstrated involvement
				necessary to maintain employer, parental and support service network by the
				eligible organization;
(5) evidence
				of demonstrated cooperation with educational institutions by the eligible
				organization;
(6) cost
				effectiveness;
(7) demonstration of
				local need as evidenced by number of economically disadvantaged youth, youth
				unemployment rate, high school dropout rate and other similar
				indicators;
(8) ability of the
				eligible organization to meet any statutorily required match;
(9) evidence of support and involvement of
				the local service delivery areas and/or private industry councils;
(10) past performance in successful operation
				of the proposed program designs or of similar youth intervention programs;
				and
(11) whether the eligible
				organization is a community based organization. In communities with populations
				of 150,000 or more, preference will be given to neighborhood community based
				organizations, i.e., those organizations having headquarters or major
				operations and permanent facilities in the neighborhoods and communities where
				the eligible participants are to be served.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 900 - Youth Education, Employment And Training Program › Section 900.4 - Implementation of local projects

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall implement local projects in the
				  following manner:
(a) Local projects
				will provide services to eligible participants pursuant to a contract with the
				department which will include at a minimum, the project's design, objectives,
				expected outcomes and estimated budget.
(b) Local project designs may include those
				of the Adolescent Vocational Exploration, the School to Employment In-School,
				the School to Employment Out-of-School, the Structured Educational Support and
				the Youth Work Skills Programs as well as such other designs developed by the
				department or the Legislature to achieve the objectives of the
				program.
(c) The department shall
				develop and process for execution by the Office of the State Comptroller the
				local project contracts and will monitor such contracts during their term of
				operation to ensure effective provision of services to eligible participants.
				The department may provide such technical assistance as is necessary to improve
				delivery of services by local projects.
(d) The State Education Department shall be
				responsible for approval of the educational components of local projects
				pursuant to a memorandum of agreement between the State Education Department
				and the department.
(e) The
				department shall prepare an annual evaluation report which will include a
				statement of the program's objective and will identify outcomes and indicators
				of the program's effectiveness.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.0 - Purposes and objectives

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish a solicitation and
				  award evaluation process for funds made available for statewide projects and
				  demonstration programs to address the needs of distressed industries and to
				  provide for projects that would lead to the development of innovative
				  strategies to meet the needs of dislocated workers. Such projects shall
				  emphasize retraining and include counseling and assessment
				  components.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.1 - Funding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funds to
				support statewide projects and demonstration programs under this part shall be
				made available through the Department of Labor under the Job Training
				Partnership Act (JTPA).
(b)
				Applicant entities may apply for all or any portion of funds available, the use
				of which is not limited to a single substate area.
(c) Successful applicants will be funded
				through a contract process with the department in coordination with the
				federally approved New York State Economic Dislocation and Worker Adjustment
				Assistance Act (EDWAA) Plan and the affected substate area.
(d) Requested funding levels may be adjusted
				as appropriate and necessary to accommodate the number and needs of acceptable
				proposals submitted.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.2 - Dislocated workers

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the term dislocated workers
				  shall include persons who:
(a) have
				been terminated or laid-off or have received a notice of termination or layoff
				from employment, and are eligible for, currently receiving, or have exhausted
				their entitlement to unemployment compensation, and are unlikely to return to
				their previous industry or occupation; or
(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; or
(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 Secretary of Labor;
				or
(e)
(1) were full-time homemakers for a
				substantial number of years and:
(i) derived
				the substantial share of their support from a spouse, and no longer receive
				such support due to the death, divorce, permanent disability of, or permanent
				separation from the spouse; or
(ii)
				derived the substantial share of their support from public assistance on
				account of dependents in the home and no longer receive such support;
				and
(iii) had been previously
				related to the workforce.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.3 - Eligible program applicants

Current through Register Vol. 46, No. 28, July 10, 2024
The following individuals, organizations or entities shall be
				  eligible to apply for grants under this Part:
(a) private businesses;
(b) service delivery area grant recipients or
				administrative entities;
(c)
				private nonprofit organizations;
(d) units of general local government in the
				substate area, or agencies thereof;
(e) local offices of State
				agencies;
(f) public agencies, such
				as community colleges and area vocational schools;
(g) private industry councils;
(h) employers and employer
				organizations;
(i) employee
				organizations and labor organizations;
(j) community-based organizations;
(k) joint apprentice committees;
(l) other entities with experience and
				capability to define and address the needs of distressed industries and the
				employment and training needs and required services for the targeted
				population.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.4 - Selection considerations

Current through Register Vol. 46, No. 28, July 10, 2024
The department's evaluation process for the selection of
				  grantees emphasizes the ability of the program operator to accomplish the
				  project based upon the following:
(a)
				administrative capability to operate a program as demonstrated by past
				performance on pertinent and related programs, or by the content of the
				proposal;
(b) fiscal
				responsibility;
(c) the
				innovativeness of the proposal;
(d)
				the expected improvement in the delivery of services within the area served by
				the substate grantee(s) affected;
(e) the extent to which elements of the
				proposal may be replicated in other service areas within the State;
(f) the degree to which the program operator
				has made provision for coordination with other services and resources available
				within the State and/or local geographic area;
(g) safeguards taken to avoid duplication of
				services available through existing resources;
(h) coordination with local and central labor
				organizations, economic development programs, and educational institutions, as
				appropriate;
(i) availability to
				begin program start-up on or before December 31st of the year in which the
				Request for Proposal is made and to expend funds awarded by June 30th of the
				following year;
(j) ability to meet
				fiscal and administrative responsibilities set forth in title III of the JTPA (
				 29 USCA section 1651  et seq.).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 920 - Dislocated Worker Demonstration Projects › Section 920.5 - Timetable and deadlines

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicants shall submit five copies of the completed application by close of
				business on the date established by the department and set forth in the Request
				for Proposal.
(b) Applications
				should be hand-carried or sent by certified mail to assure a timely submittal.
				Applications postmarked later than the deadline established by the department
				will not be considered. For technical assistance in the preparation or
				submittal of grant applications or clarification of instructions, applicants
				should contact the Job Service and Training District Office, Grants Management
				Unit, or the New York State Dislocated Worker Unit in Albany.
(c) Copies of the application package shall
				be submitted to the Dislocated Worker Unit at the following address: New York
				State Department of Labor, State Office Building Campus, Building #12, Room
				162, Albany, NY 12240.
(d) A copy
				of the completed application should be sent to the appropriate Job Service and
				Training District Office to the attention of the Grants Management Office. A
				listing of such offices will be appended to the Request for Proposal.
(e) A copy of the completed application
				should also be sent to the Chairperson of the SDA Private Industry Council and
				to the respective SDA Chief Elected Official(s). A listing of such individuals
				will be appended to the Request for Proposal. Federal law requires a 30-day
				period for review of applications by such individuals prior to program
				operation. Appropriate forms acknowledging compliance with the review
				requirement will be provided by the department and should accompany copies of
				the program proposals submitted for review. Completed acknowledgment forms
				should accompany the proposal when submitted to the department.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-1 - Definitions › Section 921-1.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth regulations
					 implementing the New York State Worker Adjustment and Retraining Notification
					 (WARN) Act (Chapter 475 of the laws of 2008), hereinafter "Act," and amendments
					 thereto, as set forth in § 860 et seq. of the New York State Labor
					 Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-1 - Definitions › Section 921-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part (rule), Act shall mean the New York
					 State Worker Adjustment and Retraining Notification (WARN) Act (article 25-A of
					 the New York State Labor Law). Additionally, the terms have the following
					 meanings:
(a) Affected employee means
				  an employee, whether full-or part-time, who, at the time notice is required to
				  be given, may reasonably be expected to experience an employment loss as a
				  result of a proposed plant closing, mass layoff, relocation, or covered
				  reduction in hours by the employer and is therefore entitled to notice. The
				  term affected employee also includes employees who will likely lose their jobs
				  because of bumping rights or other factors, to the extent that such individual
				  employees reasonably can be identified at the time notice is required to be
				  given. The term affected employee includes a managerial and supervisory
				  employee, but does not include an officer, director, shareholder, member of an
				  LLC, or business partner with a 10 percent or greater ownership interest, or a
				  consultant or contract employee who has a separate employment relationship with
				  another employer and is paid by that employer or who is
				  self-employed.
(b) Consolidation of
				  all or part of a business means the combining of two or more branches, units,
				  divisions, or like parts of an employer's business operations.
(c) Date of layoff means the last day an
				  employee is eligible or permitted to work for their employer. The fact that an
				  employer continues to pay an employee after the date of the layoff does not
				  change the employee's employment status for purposes of this Part. Payments to
				  an employee subsequent to the date of layoff, whether continuing to pay an
				  employee's normal weekly wage, or for severance pay, vacation pay, personal
				  leave, and other similar benefits, shall not extend the employee's date of
				  layoff.
(d) Days means calendar
				  days.
(e) Employer.
(1) Employer means any business enterprise,
				  whether for-profit or not-for-profit, that employs 50 or more employees (see
				  paragraph (7) of subdivision (e) of this section) within New York State,
				  excluding part-time employees, or 50 or more employees including part-time
				  employees within the state that work in aggregate at least 2,000 hours per
				  week. For purposes of this Part:
(i) The
				  calculation of total weekly hours shall include overtime hours earned on a
				  regular basis;
(ii) Overtime hours
				  earned on a regular basis shall mean any overtime hours worked by an employee
				  when such employee has worked overtime in seven or more weeks out of the twelve
				  weeks immediately prior to the date upon which notice was required under the
				  Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-2 - Notice › Section 921-2.2 - Service of notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
				  shall be provided at least 90 days prior to separation using a reasonable and
				  timely method of delivery designed to ensure its receipt. Acceptable forms of
				  delivery include first class mail or personal delivery with optional signed
				  receipt. If first class mail is used, notice must be postmarked at least 90
				  days prior to separation.
(b)
				  Notice to the affected employees may also be served by:
(1) Insertion of the notice into envelopes
				  containing pay or envelopes containing receipts for direct deposit of pay;
				  or
(2) Electronic mail (e-mail).
				  E-mail notification may be utilized only where all affected employees have
				  regular access in the workplace to personal computers at which email may be
				  received and viewed during work hours. If an employer elects to use electronic
				  mail to provide notice to employees, the employer must be able to demonstrate
				  that an e-mail notice was received by each affected employee. The employee
				  e-mail addresses used to give notice must be addresses provided to the
				  employees by the employer and used in the conduct of business. The e-mail
				  notice must be identified as urgent. Where an e-mail notice to an individual
				  employee is returned to sender as undeliverable, notice must be provided to the
				  employee as expeditiously as possible, e.g., overnight delivery, hand delivery,
				  inter-office mail, etc. In any circumstance in which delivery of notice takes
				  more than five days, the employer must extend the period of notice given to the
				  employee by the number of days which elapsed between the date notice was first
				  attempted and the date on which notice was finally effectuated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-3 - Extension, Postponement, Or Rescission Of Employment Loss › Section 921-3.1 - Extension of a temporary layoff period

Current through Register Vol. 46, No. 28, July 10, 2024
An employer that previously announced and carried out a
					 temporary layoff of six months or less which is being extended beyond six
					 months due to business circumstances (e.g., changes in price or cost) not
					 reasonably foreseeable at the time of the initial layoff must give notice
					 required under the Act and this Part as soon as it becomes reasonably
					 foreseeable that an extension is required. A layoff extending beyond six months
					 from the date the layoff originally commenced for any other reason other than
					 unforeseeable business circumstances, subject to a determination by the
					 commissioner of eligibility for such exception, shall be treated as a permanent
					 layoff from the date the layoff originally commenced. For purposes of this
					 section, the date the layoff originally commenced shall be the date on which
					 the first employee was laid off.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-3 - Extension, Postponement, Or Rescission Of Employment Loss › Section 921-3.2 - Postponement of a plant closing, mass layoff, relocation, or covered reduction in hours

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If, after
				  notice has been given, an employer decides to postpone a plant closing, mass
				  layoff, relocation, or covered reduction in work hours for less than ninety
				  (90) days, notice of postponement shall be given as soon as possible after the
				  decision to postpone. The notice of postponement shall include reference to the
				  earlier notice, the date (as set forth in §
										921-2.3(a)(6)  of
				  this rule) to which the planned action is being postponed, and the reasons for
				  the postponement and shall otherwise meet all the requirements of the original
				  notice as to form, delivery, and parties entitled to notice.
(b) If the postponement is for ninety (90)
				  days or more, a new notice which otherwise complies with all the requirements
				  of the Act and this Part shall be provided.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-3 - Extension, Postponement, Or Rescission Of Employment Loss › Section 921-3.3 - Rescission of notice of a plant closing, mass layoff, relocation, or covered reduction in hours

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If, after
				  notice has been given, an employer determines that it will continue operations,
				  and the announced plant closing, mass layoff, relocation, or covered reduction
				  in hours will not occur, the employer shall give a notice of rescission as soon
				  as possible after determining that the plant closing, mass layoff, relocation
				  or covered reduction in hours will not occur. The notice of rescission shall
				  include reference to the earlier notice, the reason why such action is no
				  longer required, and shall meet all requirements of the original notice as to
				  parties entitled to notice.
(b)
				  Acceptable forms of delivery of this notice to affected employees include all
				  the methods set forth in §
										921-2.2  of this rule.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-4 - Transfers › Section 921-4.1 - Transfers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice is not
				  required when:
(1) An employer offers to
				  transfer an employee to a different site of employment within a reasonable
				  commuting distance with no more than a six-month break in employment,
				  regardless of whether the employee accepts such employment; or
(2) An employer offers to transfer the
				  employee to any other site of employment regardless of distance with no more
				  than a six-month break in employment and the employee accepts within 30 days of
				  the offer or of the closing or layoff, whichever is later.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-5 - Temporary Or Seasonal Employment › Section 921-5.1 - Temporary employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
				  is not required if the closing or layoff results from the completion of a
				  particular project or undertaking, and the affected employees were hired with
				  the understanding that their employment was limited to the duration of the
				  project or undertaking.
(b) The
				  employer must demonstrate that it informed each employee at the time of hire
				  that the job was temporary. For purposes of this Part, "at will" employment is
				  not "temporary" employment and providing notification to employees, at the time
				  of hire or otherwise, that their employment is at will and subject to
				  termination at any time by the employer shall not constitute notice that
				  employment is of limited duration.
(c) Employment in an industry that
				  traditionally hires temporary employees does not, in and of itself, make an
				  employee temporary if the employee was hired to perform a variety of jobs and
				  tasks continuously through most of the calendar year. Giving written notice
				  that a project is temporary with the intent of converting permanent employment
				  into temporary work so as to avoid the requirement of notice shall be a
				  violation of the Act and this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-5 - Temporary Or Seasonal Employment › Section 921-5.2 - Seasonal employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
				  is not required if the closing or layoff results from the completion of a
				  particular seasonal project or undertaking, and the affected employees were
				  hired with the understanding that their employment was limited to the duration
				  of the seasonal project or undertaking.
(b) The employer must demonstrate that it
				  informed each employee at the time of hire that the job was seasonal.
(c) Employment in an industry that
				  traditionally hires seasonal employees does not, in and of itself, make an
				  employee seasonal if the employee was hired to perform a variety of jobs and
				  tasks continuously through most of the calendar year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.1 - Exceptions, generally

Current through Register Vol. 46, No. 28, July 10, 2024
The Act sets forth certain exceptions under which the
					 90-day notice period may be reduced. The employer bears the burden of proof to
					 show that the requirements for an exception have been met. In all circumstances
					 set forth below, the employer must provide as much notice as is practicable in
					 advance of the plant closing, mass layoff, relocation, or covered reduction in
					 work hours to all required parties. An employer seeking to rely on an exception
					 in the Act and Subpart 921-6 of this Part shall provide a statement of the
					 reason for reducing the notice period and any other documents required by the
					 commissioner to establish eligibility to claim to such reduced notice period.
					 The exceptions to the standard notice required under the Act and this Part
					 include those set forth in sections
					 921-6.2 through
					 921-6.5  of this Subpart and the
					 process for review of an application for an exception to apply set forth in
					 section 921-6.6  of this Part shall apply
					 only to determinations of eligibility by the commissioner. If an employer is
					 unable to provide the notice as required by the Act as a result of
					 circumstances described in this section, it shall still provide as much notice
					 as is practicable accompanied by a statement of the basis for reducing the
					 notice period.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.2 - Faltering company

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  exception applies only to plant closings as defined under the Act. An employer
				  qualifies for a reduced notice under this exception if at the time notice would
				  have been required:
(1) The employer was
				  actively seeking capital or business and identifies the specific actions taken
				  to obtain such capital or business. For example, the employer must demonstrate
				  its efforts to obtain financing or refinancing through the arrangement of
				  loans, the issuance of stocks, bonds, or other methods, or to obtain additional
				  money, credit, or business through any other commercially reasonable method;
				  and
(2) There was a realistic
				  opportunity to obtain the capital or business sought; and
(3) The capital or business sought would have
				  been sufficient, if obtained, to enable the employer to avoid or postpone the
				  plant closing; and
(4) The employer
				  reasonably and in good faith believed that giving notice would have precluded
				  the ability to obtain the needed capital or business. The employer must be able
				  to objectively demonstrate that a potential customer or financing source would
				  have been unwilling to provide the new business or capital if notice were
				  given. This condition may be satisfied if the employer can show that the
				  financing or business source would not choose to do business with a troubled
				  company or with a company whose workforce would be looking for other
				  jobs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.3 - Unforseeable business circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
To qualify for this exception, the employer shall establish
					 that the plant closing, mass layoff, relocation or covered reduction in work
					 hours was caused by business circumstances that were not reasonably foreseeable
					 when the 90-day notice would have been required.
(a) A business circumstance that is not
				  reasonably foreseeable may be established by the occurrence of some sudden,
				  dramatic and unexpected action or condition outside the employer's control.
				  Examples include a principal client's sudden and unexpected termination of a
				  major contract with the employer, a strike at a major supplier of the employer,
				  an unanticipated and dramatic major economic downturn, a public health
				  emergency, including but not limited to a pandemic, that results in a sudden
				  and unexpected closure, a terrorist attack directly affecting operations, or a
				  government-ordered closing of an employment site that occurs without prior
				  notice.
(b) The employer shall
				  exercise commercially reasonable business judgement in determining whether a
				  business circumstance is reasonably foreseeable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.4 - Natural disaster

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  qualify for this exception, the employer shall establish that:
(1) The plant closing, mass layoff,
				  relocation, or covered reduction in work hours was a direct result of any form
				  of a natural disaster including floods, earthquakes, droughts, storms, tidal
				  waves, tsunamis, or similar effects of nature; and
(2) The employer provided as much notice as
				  is practicable and available under the circumstances, whether in advance or
				  after an employment loss caused by the disaster.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.5 - Strikes or lockouts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Nothing in this rule shall require an employer to serve written notice when
				  permanently replacing a person who is deemed to be an economic striker under
				  the National Labor Relations Act (29 U.S.C. 151 et
				  seq.). Nothing in this rule shall be deemed to validate or invalidate any
				  judicial or administrative ruling relating to the hiring of permanent
				  replacements for economic strikers under the National Labor Relations
				  Act.
(b) This exception applies to
				  a strike or lockout that is not intended to evade the requirements of the
				  Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-6 - Exceptions › Section 921-6.6 - Timeliness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer
				  cannot be eligible for a reduction or excusal of the notice requirement in the
				  Act pursuant to any exception set forth in this Subpart without a determination
				  by the commissioner that the employer established all elements of the claimed
				  exception.
(b) Submitting request.
				  The employer must present a request for consideration for eligibility for a
				  claimed exception in addition to the required notice to be provided to the
				  commissioner. The request shall be submitted within 10 business days of the
				  required notice being provided to the commissioner, unless an extension of time
				  is granted by the commissioner.
(c)
				  Documentation. The commissioner shall require the employer to provide
				  documentation demonstrating the applicability of an exception set forth in
				  sections 921-6.2 through
				  921-6.5  of this Part. Such
				  documentation may include but not be limited to the following:
(1) Faltering company and unforeseeable
				  business circumstances.
(i) A written record
				  consisting of documents relevant to the determination of whether the employer
				  was actively seeking capital or business, or that the need for notice was not
				  reasonably foreseeable as specified by the department; and
(ii) An affidavit verifying the contents of
				  the documents contained in the record. The affidavit shall contain a
				  declaration signed under penalty of perjury by an individual authorized by the
				  employer stating that the affidavit and the contents of the documents contained
				  in the record submitted pursuant to this subdivision are true and
				  correct.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-7 - Enforcement By The Commissioner Of Labor › Section 921-7.1 - Powers of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In any
				  investigation or proceeding under this Part, the commissioner has, in addition
				  to all powers granted by law, the authority to examine any information of an
				  employer necessary to determine whether a violation has occurred, including to
				  determine the validity of any defense.
(b) If an employer proves to the satisfaction
				  of the commissioner, during the investigation or during the hearing as set
				  forth in section
				  921-7.4  of this Subpart, that the
				  act or omission that violated the Act or this Part was in good faith and that
				  the employer had reasonable grounds for believing that the act or omission was
				  not a violation of the Act, the commissioner may, in their discretion, reduce
				  the amount of penalty and/or reduce the amount of the liability provided for
				  under the Act. In determining the amount of such reduction(s), the commissioner
				  shall consider:
(1) the size of the
				  employer;
(2) the hardships imposed
				  on employees by the violation;
(3)
				  any efforts by the employer to mitigate the violation;
(4) the grounds for the employer's belief
				  that its violation was made in the good faith belief that the failure to
				  provide notice was not a violation of the Act;
(5) the employer's good faith cooperation
				  with the commissioner's request for additional information necessary to their
				  enforcement of the Act and this Part; and
(6) the truthfulness of the information
				  provided in response to the commissioner's inquiries.