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This entry was published on 2014-09-22
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SECTION 860-C
Exceptions
Labor (LAB) CHAPTER 31, ARTICLE 25-A
§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is
not required to comply with the notice requirement in subdivision one of
section eight hundred sixty-b of this article if:

(a)(i) at the time the notice would have been required, the employer
was actively seeking capital or business; and

(ii) the capital or business sought, if obtained, would have enabled
the employer to avoid or postpone the relocation or termination; and

(iii) the employer reasonably and in good faith believed that giving
the notice required by subdivision one of section eight hundred sixty-b
of this article would have precluded the employer from obtaining the
needed capital or business;

(b) the need for a notice was not reasonably foreseeable at the time
the notice would have been required;

(c) the plant closing is of a temporary facility or the plant closing
or mass layoff is the result of the completion of a particular project
or undertaking, and the affected employees were hired with the
understanding that their employment was limited to the duration of the
facility or project or undertaking;

(d) the plant closing or mass layoff is due to any form of natural
disaster, such as a flood, earthquake, or drought; or

(e) the closing or mass layoff constitutes a strike or constitutes a
lockout not intended to evade the requirements of this article. Nothing
in this article shall require an employer to serve written notice when
permanently replacing a person who is deemed to be an economic striker
under the National Labor Relations Act (29 U.S.C. 151 et seq.). Nothing
in this article shall be deemed to validate or invalidate any judicial
or administrative ruling relating to the hiring of permanent
replacements for economic strikers under the National Labor Relations
Act.

2. An employer unable to provide the notice otherwise required by this
article in a timely fashion as a result of circumstances described in
subdivision one of this section, shall provide as much notice as is
practicable and at that time shall provide a brief statement of the
basis for reducing the notification period.