Current through Register Vol. 46, No. 52, December 24, 2024
Notice required under this Part sent to the recipients
identified below shall be provided for each site of employment where a plant
closing, mass layoff, relocation or covered reduction in work hours will occur.
Notice to an affected employee is to be provided in a language understandable
to the employee. As used in this Subpart, the term expected date of the first
separation refers to a specific date or to a 14-day period during which a
planned separation is expected to occur. If separations are planned according
to a schedule, the schedule shall indicate the separation date or the beginning
date of each 14-day period during which any separations are expected to occur.
Where a 14-day period is used, notice must be given at least 90 days in advance
of the first day of the period. Notice required under this Part shall include
the following elements:
(a) Notice to
the Commissioner of Labor:
(1) The complete
legal business name, and any business names used in the operation of the
business, and address of the employment site(s) where the plant closing, mass
layoff, relocation or covered reduction in work hours will occur;
(2) The name, business address and telephone
number, and email address(es) of the agent of the employer to contact for
further information;
(3) The name,
business address and telephone number, and email address(es) of an employee
representative to contact for further information, including the name of each
employee representative of such affected employees, and the name, business
address, telephone number, and email address of the chief elected officer of
such employee representative;
(4)
The name, business address and telephone number, and email address(es) of the
employer's liaison with the department for purposes of providing rapid response
services to affected employees;
(5)
The name, address (including home address), personal telephone number(s),
personal email address(es) (if known), job title, and work locations of each
employee to be laid off. For each employee, notice must also identify whether
the employee is paid on an hourly, salary, or commission basis, whether the
employee is part-time or full-time, and any affiliation to an employee
representative.
(6) The expected
date of the first separation of each employee and the anticipated schedule of
any additional separations;
(7) A
statement as to whether bumping rights exist;
(8) A statement as to whether the planned
action is expected to be permanent or temporary, and whether the entire plant
is to be closed. If the planned action is expected to affect identifiable units
of employees differently, e.g. should the employer expect a layoff of one unit
to be temporary and the layoff of another unit to be permanent, the notice
shall so indicate;
(9) A statement
as to whether the other notices required under the Act and this Part have been
given, including the date notices were sent;
(10) A statement as to the means of delivery
utilized to deliver notice to affected employees;
(11) A sample of the notice provided to
employees and to the employee representative(s);
(12) The total number of full-time employees
in New York State and at each affected site, as well as the number affected
employees at each affected site;
(13) The total number of part-time employees
in New York State and at each affected site, as well as the number affected
employees at each affected site; and
(14) Any additional information required by
the commissioner.
(b)
Notice to each affected employee:
(1) The
complete legal business name and any business names used in the operation of
the business, the address of the employment site where the plant closing, mass
layoff, relocation or covered reduction in work hours will occur, and the
expected date of the first separation of employees and the date when the
individual employee will be separated;
(2) A statement as to whether the planned
action is expected to be permanent or temporary, and whether the entire plant
is to be closed. If the planned action is expected to affect identifiable units
of employees differently, e.g. should the employer expect a layoff of one unit
to be temporary and the layoff of another unit to be permanent, the notice
shall so indicate;
(3) A statement
as to whether bumping rights exist;
(4) The name, business address and telephone
number(s), and email address(es) of the agent of the employer to contact for
further information;
(5)
Information concerning unemployment insurance, job training, and re-employment
services for which affected employees may be eligible. Such information shall,
at a minimum, include the following notice: "You are also hereby notified that,
as a result of your employment loss, you may be eligible to receive job
retraining, re-employment services, or other assistance with obtaining new
employment from the New York State Department of Labor or its workforce
partners upon your termination. You may also be eligible for unemployment
insurance benefits after your last day of employment. Whenever possible, the
New York State Department of Labor will contact your employer to arrange to
provide additional information regarding these benefits and services to you
through workshops, interviews, and other activities that will be scheduled
prior to the time your employment ends. If your job has already ended, you can
also access re-employment information and apply for unemployment insurance
benefits on the Department's website or you may use the contact information
provided on the website or visit one of the Department's local offices for
further information and assistance."; and
(6) Any additional information known at the
time of the notice and relevant to the separation, including but not limited to
information on severance packages or financial incentives if the employee
remains and works until the effective date of the mass layoff, relocation or
employment loss, available dislocated worker assistance, and, if the planned
action is expected to be temporary, the estimated duration.
(c) Notice to employee
representatives:
(1) The complete legal
business name and any business names used in the operation of the business and
address of the employment site where the plant closing, mass layoff, relocation
or covered reduction in work hours will occur;
(2) The name, business address, telephone
number(s), and email address(es) of the agent of the employer to contact for
further information;
(3) A
statement as to whether bumping rights exist;
(4) A statement as to whether the planned
action is expected to be permanent or temporary, and whether the entire plant
is to be closed. If the planned action is expected to affect identifiable units
of employees differently, e.g., should the employer expect a layoff of one unit
to be temporary and the layoff of another unit to be permanent, the notice
shall so indicate;
(5) The expected
date of the first separation of employees and the anticipated schedule of any
additional separations;
(6) The
name, address (including home address), personal telephone number(s), personal
email address(es) (if known), job title, and work location of each employee to
be laid off;
(7) Information
concerning unemployment insurance, job training, and re-employment services for
which affected employees may be eligible. Such information shall, at a minimum,
include the following notice: "You are also hereby notified that, as a result
of their employment loss, individuals represented by you may be eligible to
receive job retraining, re-employment services, or other assistance with
obtaining new employment upon termination. These individuals may also be
eligible for unemployment insurance benefits after their last day of
employment. Whenever possible, the New York State Department of Labor will
contact the employer to arrange to provide additional information regarding
these benefits and services to these individuals through workshops, interviews,
and other activities that will be scheduled prior to the time their employment
ends. If their jobs have already ended, they can also access re-employment
information and apply for unemployment insurance benefits on the Department's
website or they may use the contact information provided on the website or
visit one of the Department's local offices to obtain further information and
assistance.";
(8) A statement as to
whether the other notices required under the Act and this Part have been given,
including the date notices were sent; and
(9) A statement as to the means of delivery
utilized to deliver notice to affected employees.
(d) Notice to the local board and other
individuals or entities identified in the Act:
(1) The complete legal business name and any
business names used in the operation of the business and address of the
employment site where the plant closing, mass layoff, relocation or covered
reduction in work hours will occur;
(2) The name, business address and telephone
number(s) and email address(es) of the agent of the employer to contact for
further information;
(3) The name,
business address and telephone number(s), email address(es) of the employee
representative to contact for further information;
(4) A statement as to whether the planned
action is expected to be permanent or temporary, as defined in this Part, and
whether the entire plant is to be closed. If the planned action is expected to
affect identifiable units of employees differently, e.g. should the employer
expect a layoff of one unit to be temporary and the layoff of another unit to
be permanent, the notice shall so indicate;
(5) The expected date of the first separation
of employees, and the anticipated schedule of any additional
separations;
(6) The job titles of
positions to be affected, and the number of affected employees in each job
title;
(7) A statement as to
whether bumping rights exist;
(8)
The name of each employee representative of such affected employees, and the
name, address, telephone number, and email address of the chief elected officer
of each such employee representative;
(9) A statement as to whether the other
notices required under the Act and this Part have been given, including the
date notices were sent; and
(10) A
statement as to the means of delivery utilized to deliver notice to affected
employees.