NY State Senate Bill S8748

Archive: Last Bill Status Via A10674 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2020	approval memo.14 signed chap.265
Oct 30, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.956 substituted for s8748
Jul 23, 2020	substituted by a10674a
Jul 22, 2020	ordered to third reading cal.956
Jul 20, 2020	reported and committed to rules
Jul 14, 2020	committee discharged and committed to labor
Jul 13, 2020	referred to rules

Votes

view votes

Jul 23, 2020 - floor Vote

A10674A

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8748

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Labor committee Vote

S8748

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S8748 (ACTIVE) - Details

See Assembly Version of this Bill:: A10674
Law Section:: Labor Law
Laws Affected:: Amd §860-b, Lab L

S8748 (ACTIVE) - Summary

Relates to written notice requirements for mass layoffs; includes a requirement to notify all localities in the state where the employer remitted taxes in the current or previous year and each locality that provides police, firefighting, emergency medical or ambulance services to real property where the employer has a place of business.

S8748 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8748

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law, in relation to written notice require-
ments for mass layoffs

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will amend the labor law, to require written notice
concerning mass layoffs to the unit or units of local government and the
school district or districts in which the employment loss will occur and
each locality that provides emergency services to the site of employment
where the employment loss will occur.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 860-b of the labor law to add
as additional recipients of required WARN Act notice:

1) the chief elected official of the unit or units of local government
and the school district or districts in which the mass layoff, relo-
cation, or employment loss will occur; and

2) each locality that provides emergency services to the site of employ-
ment where the employment loss will occur.

Section 2 is the effective date.

 
JUSTIFICATION:

On December 23, 2019; the Doral Arrowwood Resort in the Village of Rye
Brook informed the Department of Labor and the Village of Rye Brook that
it would be shutting down on January 12, 2020, just 20 days later. It
provided notice of this event to its approximately 275 employees the
next day, Christmas Eve. While the Doral Arrowwood provided notice to
the Village of Rye Brook in order to comply with federal WARN Act
requirements, many officials from other communities in the area, despite
such communities being deeply affected, discovered the situation as a
result of reports in the press. The surrounding communities and the
Blind Brook School District collectively relied on nearly $2,000,000 in
tax revenue from the Doral Arrowwood, and the Doral Arrowwood provided
certain maintenance services for adjacent developments. In addition,
existing hotel facilities such as an on-site cogeneration facility,
swimming pool, maintenance materials (including fuel compressed gas),
and stocked kitchen and bars presented significant maintenance and
health and safety issues.

The federal WARN Act requires the employer to provide notice to the unit
of local government in which the employer is located (and in the case of
multiple such units of government, to the one to which the highest taxes
were paid in the preceding year). The New York WARN Act has no require-
ment that affected communities be notified, despite the scale and far-
reaching effects of situations that trigger WARN Act compliance. This
lack of notice presents risks in that, among other matters: (1) the
communities may have to address health and safety dangers with respect
to a large abandoned property; and (2) loss of revenue may require
significant and immediate budgetary changes.
This bill requires employers with WARN Act notice obligations to notify
affected communities and school districts (in addition to the existing
requirement to notify employees, the Department of Labor, and local
workforce investment boards) to ensure that these communities are aware
of mass layoffs, plant closings, and major relocations. Receiving notice
of these situations at the same time as other WARN Act notice recipients
will enable these, communities to react sooner and more effectively to
manage situations such as the closing of the Doral Arrowwood that have a
significant impact on the well-being of their residents, essential
service obligations, and revenue.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8748 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8748

                            I N  S E N A T E

                              July 13, 2020
                               ___________

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

AN ACT to amend the labor law, in relation to  written  notice  require-
  ments for mass layoffs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 860-b of the labor law,  as  added
by chapter 475 of the laws of 2008, is amended to read as follows:
  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; [and]
  (c)  the local workforce investment boards established pursuant to the
federal Workforce Investment Act (P.L.  105-220)  for  the  locality  in
which the mass layoff, relocation, or employment loss will occur;
  (D)  THE  CHIEF ELECTED OFFICIAL OF THE UNIT OR UNITS OF LOCAL GOVERN-
MENT AND THE SCHOOL DISTRICT OR DISTRICTS  IN  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 SUBJECT TO THE MASS LAYOFF, RELOCATION, OR  EMPLOYMENT  LOSS,
AS APPLICABLE.
  § 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14822-05-0

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The New York State Senate

senate Bill S8748

Sponsored By

Archive: Last Bill Status Via A10674 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Labor committee Vote

Labor Committee Vote: Jul 20, 2020

Co-Sponsors

S8748 (ACTIVE) - Details

S8748 (ACTIVE) - Summary

S8748 (ACTIVE) - Sponsor Memo

S8748 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8748

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status Via A10674 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Labor committee Vote

Labor Committee Vote: Jul 20, 2020

Co-Sponsors

John C. Liu

S8748 (ACTIVE) - Details

S8748 (ACTIVE) - Summary

S8748 (ACTIVE) - Sponsor Memo

S8748 (ACTIVE) - Bill Text download pdf

Comments