12 CRR-NY 921-2.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER XII. DIVISION OF EMPLOYMENT AND TRAINING
PART 921. NEW YORK STATE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) REQUIREMENTS
SUBPART 921-2. NOTICE
12 CRR-NY 921-2.3
12 CRR-NY 921-2.3
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 name and address of the employment site where the plant closing, mass layoff, relocation or covered reduction in work hours will occur;
(2) the name and telephone number of an employer representative to contact for further information;
(3) the name and telephone number of an employee representative to contact for further information;
(4) the name of the employer’s liaison with the department for purposes of providing rapid response services to affected employees;
(5) the names and addresses of the employees to be laid off and their job titles;
(6) the expected date of the first separation of employees and the anticipated schedule of 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).
(b) Notice to each affected employee:
(1) 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 and telephone number of an employer representative 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 reemployment 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
(c) Notice to representative(s) of the affected employees:
(1) the name and address of the employment site where the plant closing, mass layoff, relocation or covered reduction in work hours will occur;
(2) the name and telephone number of the employer representative 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 separations;
(6) the names and addresses of the employees to be laid off and their job titles;
(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 reemployment 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 notices to the Commissioner of Labor and the local workforce investment board 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 workforce investment board:
(1) the name and address of the employment site where the plant closing, mass layoff, relocation or covered reduction in work hours will occur;
(2) the name and telephone number of the employer representative to contact for further information;
(3) the name and telephone number 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, 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 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 union representing affected employees, and the name and address of the chief elected officer of each such union;
(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.
12 CRR-NY 921-2.3
Current through February 15, 2020
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