§ 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.

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