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This entry was published on 2014-09-22
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SECTION 860-A
Definitions
Labor (LAB) CHAPTER 31, ARTICLE 25-A
§ 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
closing or mass layoff by their employer.

2. "Employment loss" means:

(a) an employment termination, other than a discharge for cause,
voluntary departure, or retirement;

(b) a mass layoff exceeding six months;

(c) a reduction in hours of work of more than fifty percent during
each month of any consecutive six-month period.

"Employment loss" shall not result under circumstances where a plant
closing or mass layoff is the result of the relocation or consolidation
of part or all of the employer's business and, before the closing or
mass layoff, the employer offers to transfer the employee to a different
site of employment within a reasonable commuting distance with no more
than a six-month break in employment, or the employer offers to transfer
the employee to any other site of employment, regardless of distance,
with no more than a six-month break in employment, and the employee
accepts within thirty days of the offer or of the closing or mass
layoff, whichever is later.

3. "Employer" means any business enterprise that employs fifty or more
employees, excluding part-time employees, or fifty or more employees
that work in the aggregate at least two thousand hours per week.
"Employer" shall not include the federal or state government or any of
their political subdivisions, including any unit of local government or
any school district.

4. "Mass layoff" means a reduction in force which:

(a) is not the result of a plant closing; and

(b) results in an employment loss at a single site of employment
during any thirty-day period for:

(i) at least thirty-three percent of the employees (excluding
part-time employees); and

(ii) at least twenty-five employees (excluding part-time employees);
or

(iii) at least two hundred fifty employees (excluding part-time
employees).

5. "Part-time employee" means an employee who is employed for an
average of fewer than twenty hours per week or who has been employed for
fewer than six of the twelve months preceding the date on which notice
is required.

6. "Plant closing" means the permanent or temporary shutdown of a
single site of employment, or one or more facilities or operating units
within a single site of employment, if the shutdown results in an
employment loss at the single site of employment during any thirty-day
period for twenty-five or more employees (other than part-time
employees).

7. "Representative" means an exclusive representative within the
meaning of section 9(a) or 8(f) of the National Labor Relations Act (29
U.S.C. 159(a), 158(f)) or section 2 of the Railway Labor Act (45 U.S.C.
152).

8. "Relocation" means the removal of all or substantially all of the
industrial or commercial operations of an employer to a different
location fifty miles or more away.