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This entry was published on 2021-04-02
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SECTION 860-B
Notice
Labor (LAB) CHAPTER 31, ARTICLE 25-A
§ 860-b. Notice. 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;

(c) the local workforce investment boards established pursuant to the
federal Workforce Investment Act (P.L. 105-220) for the locality of the
site of employment at which the mass layoff, relocation, or employment
loss will occur;

(d) the chief elected official of the unit or units of local
government and the school district or districts for the locality of the
site of employment at 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 within which such mass layoff, relocation, or employment loss
will occur, as applicable.

2. An employer required to give notice of any mass layoff, relocation,
or employment loss under this article shall include in its notice the
elements required by the federal Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).

3. Notwithstanding the requirements of subdivision one of this
section, an employer is not required to provide notice if a mass layoff,
relocation, or employment loss is necessitated by a physical calamity or
an act of terrorism or war.

4. The mailing of notice to an employee's last known address by either
first class or certified mail or the inclusion of notice in an
employee's paycheck shall be considered acceptable methods for
fulfillment of the employer's obligation to give notice to each affected
employee under this article.

5. In the case of a sale of part or all of an employer's business, the
seller shall be responsible for providing notice for any plant closing
or mass layoff in accordance with this section, up to and including the
effective date of the sale. After the effective date of the sale of part
or all of an employer's business, the purchaser shall be responsible for
providing notice for any plant closing or mass layoff in accordance with
this section. Notwithstanding any other provision of this article, any
person who is an employee of the seller as of the effective date of the
sale shall be considered an employee of the purchaser immediately after
the effective date of the sale.

6. Nothing set forth herein shall be read to abridge, abrogate, or
restrict the right of any state or local entity to require an employer
that is receiving state or local economic development incentives for
doing or continuing to do business in this state from being required to
provide additional or earlier notice as a condition for the receipt of
such incentives.

7. Nothing set forth herein shall be read to prevent an employer who
is not required to comply with the notice requirements of this section,
to the extent possible, to provide notice to its employees about a
proposal to close a plant or permanently reduce its workforce.

8. Calendar days. All references in this article to "days" shall be
deemed to mean calendar days.