N.Y. Labor Law 860-D – Extension of mass layoff period
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§ 860-d. Extension of mass layoff period. A mass layoff of more than six months which, at its outset, was announced to be a mass layoff of six months or less shall be treated as an employment loss under this article unless:
Terms Used In N.Y. Labor Law 860-D
- 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. See N.Y. Labor Law 860-A - 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). See N.Y. Labor Law 860-A
1. the extension beyond six months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial mass layoff; and
2. notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required.