Assembly Bill A7382A

2021-2022 Legislative Session

Relates to providing reforms to the New York state worker adjustment and retraining notification act

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A7382 - Details

See Senate Version of this Bill:
S4845
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§860-a, 860-b, 860-c, 860-d, 860-e & 860-g, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A375, S5617

2021-A7382 - Summary

Removes the exclusion of part-time employees from certain definitions relating to employment and expanding the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss

2021-A7382 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7382
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to removing the exclusion  of
   part-time  employees  from  certain definitions relating to employment
   and expanding the definition of employer; removing certain  exclusions
   for employer notice requirements for the closing of a facility; remov-
   ing the discretionary reduction of penalties for employers for certain
   acts  or  omissions  concerning  notice requirements for mass layoffs,
   relocations or employment loss; removing the maximum time  period  for
   determining   back pay and other liabilities for certain employees who
   experience employment loss; allowing  the  attorney  general  to  take
   certain  action  to assist certain employees in receiving back pay and
   other liabilities; and requiring employers to pay severance to employ-
   ees when there is a plant closing, relocation, or mass layoff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 860-a of the labor law, as added by chapter 475 of
 the laws of 2008, is amended to read as follows:
   § 860-a. Definitions. As used in this  article,  the  following  terms
 shall have the following meanings:
   1. "Affected employees" means employees who may reasonably be expected
 to  experience an employment loss as a consequence of a proposed [plant]
 FACILITY closing or mass layoff by their employer.
   2. "AFFILIATE" MEANS A PERSON THAT DIRECTLY, OR INDIRECTLY THROUGH ONE
 OR MORE INTERMEDIARIES, CONTROLS, OR  IS  CONTROLLED  BY,  OR  IS  UNDER
 COMMON CONTROL WITH, A SPECIFIED PERSON.
   3.  "ASSOCIATE", WHEN USED TO INDICATE A RELATIONSHIP WITH ANY PERSON,
 MEANS:
   (A) ANY ENTITY OF WHICH SUCH PERSON IS AN OFFICER OR  PARTNER  OR  IS,
 DIRECTLY  OR  INDIRECTLY, THE BENEFICIAL OWNER OF TEN PERCENT OR MORE OF
 ANY CLASS OF VOTING SECURITIES;
   (B) ANY TRUST OR OTHER ESTATE IN WHICH SUCH PERSON HAS  A  SUBSTANTIAL
 BENEFICIAL INTEREST OR AS TO WHICH SUCH PERSON SERVES AS TRUSTEE OR IN A
 SIMILAR FIDUCIARY CAPACITY; AND
              

co-Sponsors

2021-A7382A (ACTIVE) - Details

See Senate Version of this Bill:
S4845
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§860-a, 860-b, 860-c, 860-d, 860-e & 860-g, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A375, S5617

2021-A7382A (ACTIVE) - Summary

Removes the exclusion of part-time employees from certain definitions relating to employment and expanding the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss

2021-A7382A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7382--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- recommitted to the Committee on  Labor  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to removing the exclusion  of
   part-time  employees  from  certain definitions relating to employment
   and expanding the definition of employer; removing certain  exclusions
   for employer notice requirements for the closing of a facility; remov-
   ing the discretionary reduction of penalties for employers for certain
   acts  or  omissions  concerning  notice requirements for mass layoffs,
   relocations or employment loss; removing the maximum time  period  for
   determining   back pay and other liabilities for certain employees who
   experience employment loss; allowing  the  attorney  general  to  take
   certain  action  to assist certain employees in receiving back pay and
   other liabilities; and requiring employers to pay severance to employ-
   ees when there is a plant closing, relocation, or mass layoff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 860-a of the labor law, as added by chapter 475 of
 the laws of 2008, is amended to read as follows:
   § 860-a. Definitions. As used in this  article,  the  following  terms
 shall have the following meanings:
   1. "Affected employees" means employees who may reasonably be expected
 to  experience an employment loss as a consequence of a proposed [plant]
 FACILITY closing or mass layoff by their employer.
   2. "AFFILIATE" MEANS A PERSON THAT DIRECTLY, OR INDIRECTLY THROUGH ONE
 OR MORE INTERMEDIARIES, CONTROLS, OR  IS  CONTROLLED  BY,  OR  IS  UNDER
 COMMON CONTROL WITH, A SPECIFIED PERSON.
   3.  "ASSOCIATE", WHEN USED TO INDICATE A RELATIONSHIP WITH ANY PERSON,
 MEANS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02675-11-2
 A. 7382--A                          2
              

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