N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-2.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 921-2.3 - Contents of notice

Notice required under this Part sent to the recipients identified below shall be provided for each site of employment where a plant closing, mass layoff, relocation or covered reduction in work hours will occur. Notice to an affected employee is to be provided in a language understandable to the employee. As used in this Subpart, the term expected date of the first separation refers to a specific date or to a 14-day period during which a planned separation is expected to occur. If separations are planned according to a schedule, the schedule shall indicate the separation date or the beginning date of each 14-day period during which any separations are expected to occur. Where a 14-day period is used, notice must be given at least 90 days in advance of the first day of the period. Notice required under this Part shall include the following elements:

(a) Notice to the Commissioner of Labor:

(1) The complete legal business name, and any business names used in the operation of the business, and address of the employment site(s) where the plant closing, mass layoff, relocation or covered reduction in work hours will occur;

(2) The name, business address and telephone number, and email address(es) of the agent of the employer to contact for further information;

(3) The name, business address and telephone number, and email address(es) of an employee representative to contact for further information, including the name of each employee representative of such affected employees, and the name, business address, telephone number, and email address of the chief elected officer of such employee representative;

(4) The name, business address and telephone number, and email address(es) of the employer's liaison with the department for purposes of providing rapid response services to affected employees;

(5) The name, address (including home address), personal telephone number(s), personal email address(es) (if known), job title, and work locations of each employee to be laid off. For each employee, notice must also identify whether the employee is paid on an hourly, salary, or commission basis, whether the employee is part-time or full-time, and any affiliation to an employee representative.

(6) The expected date of the first separation of each employee and the anticipated schedule of any additional separations;

(7) A statement as to whether bumping rights exist;

(8) A statement as to whether the planned action is expected to be permanent or temporary, and whether the entire plant is to be closed. If the planned action is expected to affect identifiable units of employees differently, e.g. should the employer expect a layoff of one unit to be temporary and the layoff of another unit to be permanent, the notice shall so indicate;

(9) A statement as to whether the other notices required under the Act and this Part have been given, including the date notices were sent;

(10) A statement as to the means of delivery utilized to deliver notice to affected employees;

(11) A sample of the notice provided to employees and to the employee representative(s);

(12) The total number of full-time employees in New York State and at each affected site, as well as the number affected employees at each affected site;

(13) The total number of part-time employees in New York State and at each affected site, as well as the number affected employees at each affected site; and

(14) Any additional information required by the commissioner.

(b) Notice to each affected employee:

(1) The complete legal business name and any business names used in the operation of the business, the address of the employment site where the plant closing, mass layoff, relocation or covered reduction in work hours will occur, and the expected date of the first separation of employees and the date when the individual employee will be separated;

(2) A statement as to whether the planned action is expected to be permanent or temporary, and whether the entire plant is to be closed. If the planned action is expected to affect identifiable units of employees differently, e.g. should the employer expect a layoff of one unit to be temporary and the layoff of another unit to be permanent, the notice shall so indicate;

(3) A statement as to whether bumping rights exist;

(4) The name, business address and telephone number(s), and email address(es) of the agent of the employer to contact for further information;

(5) Information concerning unemployment insurance, job training, and re-employment services for which affected employees may be eligible. Such information shall, at a minimum, include the following notice: "You are also hereby notified that, as a result of your employment loss, you may be eligible to receive job retraining, re-employment services, or other assistance with obtaining new employment from the New York State Department of Labor or its workforce partners upon your termination. You may also be eligible for unemployment insurance benefits after your last day of employment. Whenever possible, the New York State Department of Labor will contact your employer to arrange to provide additional information regarding these benefits and services to you through workshops, interviews, and other activities that will be scheduled prior to the time your employment ends. If your job has already ended, you can also access re-employment information and apply for unemployment insurance benefits on the Department's website or you may use the contact information provided on the website or visit one of the Department's local offices for further information and assistance."; and

(6) Any additional information known at the time of the notice and relevant to the separation, including but not limited to information on severance packages or financial incentives if the employee remains and works until the effective date of the mass layoff, relocation or employment loss, available dislocated worker assistance, and, if the planned action is expected to be temporary, the estimated duration.

(c) Notice to employee representatives:

(1) The complete legal business name and any business names used in the operation of the business and address of the employment site where the plant closing, mass layoff, relocation or covered reduction in work hours will occur;

(2) The name, business address, telephone number(s), and email address(es) of the agent of the employer to contact for further information;

(3) A statement as to whether bumping rights exist;

(4) A statement as to whether the planned action is expected to be permanent or temporary, and whether the entire plant is to be closed. If the planned action is expected to affect identifiable units of employees differently, e.g., should the employer expect a layoff of one unit to be temporary and the layoff of another unit to be permanent, the notice shall so indicate;

(5) The expected date of the first separation of employees and the anticipated schedule of any additional separations;

(6) The name, address (including home address), personal telephone number(s), personal email address(es) (if known), job title, and work location of each employee to be laid off;

(7) Information concerning unemployment insurance, job training, and re-employment services for which affected employees may be eligible. Such information shall, at a minimum, include the following notice: "You are also hereby notified that, as a result of their employment loss, individuals represented by you may be eligible to receive job retraining, re-employment services, or other assistance with obtaining new employment upon termination. These individuals may also be eligible for unemployment insurance benefits after their last day of employment. Whenever possible, the New York State Department of Labor will contact the employer to arrange to provide additional information regarding these benefits and services to these individuals through workshops, interviews, and other activities that will be scheduled prior to the time their employment ends. If their jobs have already ended, they can also access re-employment information and apply for unemployment insurance benefits on the Department's website or they may use the contact information provided on the website or visit one of the Department's local offices to obtain further information and assistance.";

(8) A statement as to whether the other notices required under the Act and this Part have been given, including the date notices were sent; and

(9) A statement as to the means of delivery utilized to deliver notice to affected employees.

(d) Notice to the local board and other individuals or entities identified in the Act:

(2) The name, business address and telephone number(s) and email address(es) of the agent of the employer to contact for further information;

(3) The name, business address and telephone number(s), email address(es) of the employee representative to contact for further information;

(4) A statement as to whether the planned action is expected to be permanent or temporary, as defined in this Part, and whether the entire plant is to be closed. If the planned action is expected to affect identifiable units of employees differently, e.g. should the employer expect a layoff of one unit to be temporary and the layoff of another unit to be permanent, the notice shall so indicate;

(5) The expected date of the first separation of employees, and the anticipated schedule of any additional separations;

(6) The job titles of positions to be affected, and the number of affected employees in each job title;

(7) A statement as to whether bumping rights exist;

(8) The name of each employee representative of such affected employees, and the name, address, telephone number, and email address of the chief elected officer of each such employee representative;

(9) A statement as to whether the other notices required under the Act and this Part have been given, including the date notices were sent; and

(10) A statement as to the means of delivery utilized to deliver notice to affected employees.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-2.3

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 6/21/2023