§ 860-e. Determinations with respect to employment loss. In determining whether a plant closing or mass layoff has occurred or will occur, employment losses for two or more groups of employees at a single site of employment, each of which is less than the minimum number of employees specified in subdivisions four or six of section eight hundred sixty-a of this article but which in the aggregate meet or exceed that minimum number set forth in such subdivisions, and which occur within any ninety-day period shall be considered to be a plant closing or mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this article.

Terms Used In N.Y. Labor Law 860-E

  • 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. See N.Y. Labor Law 860-A
  • 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
  • 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). See N.Y. Labor Law 860-A
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