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.