Bill Text: NY S07345 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to employer notice requirements for the closing of a plant; removes exception to notice requirement for when notice was not reasonably foreseeable and when at the time notice would have been required the employer was actively seeking capital or business.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-21 - REFERRED TO LABOR [S07345 Detail]

Download: New_York-2019-S07345-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7345

                    IN SENATE

                                    January 21, 2020
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law, in relation to employer  notice  require-
          ments for the closing of a plant

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 860-c of the labor law,  as  added
     2  by chapter 475 of the laws of 2008, is amended to read as follows:
     3    1.  In  the  case  of  a plant closing, an employer is not required to
     4  comply with the notice requirement in subdivision one of  section  eight
     5  hundred sixty-b of this article if:
     6    (a)[(i)  at the time the notice would have been required, the employer
     7  was actively seeking capital or business; and
     8    (ii) the capital or business sought, if obtained, would  have  enabled
     9  the employer to avoid or postpone the relocation or termination; and
    10    (iii)  the  employer reasonably and in good faith believed that giving
    11  the notice required by subdivision one of section eight hundred  sixty-b
    12  of  this  article  would  have precluded the employer from obtaining the
    13  needed capital or business;
    14    (b) the need for a notice was not reasonably foreseeable at  the  time
    15  the notice would have been required;
    16    (c)] the plant closing is of a temporary facility or the plant closing
    17  or  mass  layoff is the result of the completion of a particular project
    18  or undertaking, and the affected employees were hired  with  the  under-
    19  standing that their employment was limited to the duration of the facil-
    20  ity or project or undertaking;
    21    [(d)]  (b)  the  plant  closing  or  mass layoff is due to any form of
    22  natural disaster, such as a flood, earthquake, or drought; or
    23    [(e)] (c) the closing or mass layoff constitutes a strike  or  consti-
    24  tutes  a lockout not intended to evade the requirements of this article.
    25  Nothing in this article shall  require  an  employer  to  serve  written
    26  notice  when  permanently  replacing  a  person  who  is deemed to be an
    27  economic striker under the National Labor Relations Act (29  U.S.C.  151
    28  et seq.). Nothing in this article shall be deemed to validate or invali-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14818-01-0
        S. 7345                             2

     1  date  any  judicial  or  administrative ruling relating to the hiring of
     2  permanent replacements for economic strikers under  the  National  Labor
     3  Relations Act.
     4    § 2. This act shall take effect immediately.