•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10674 Summary:

BILL NOA10674A
 
SAME ASSAME AS S08748
 
SPONSORRules (Otis)
 
COSPNSRMcDonald, Mosley, Dickens, Seawright, Fahy
 
MLTSPNSR
 
Amd 860-b, Lab L
 
Relates to written notice requirements for mass layoffs; includes a requirement to notify all localities in the state where the employer remitted taxes in the current or previous year and each locality that provides police, firefighting, emergency medical or ambulance services to real property where the employer has a place of business.
Go to top    

A10674 Actions:

BILL NOA10674A
 
06/24/2020referred to labor
07/10/2020amend and recommit to labor
07/10/2020print number 10674a
07/15/2020reported referred to rules
07/21/2020reported
07/21/2020rules report cal.277
07/21/2020ordered to third reading rules cal.277
07/22/2020passed assembly
07/22/2020delivered to senate
07/22/2020REFERRED TO RULES
07/23/2020SUBSTITUTED FOR S8748
07/23/20203RD READING CAL.956
07/23/2020PASSED SENATE
07/23/2020RETURNED TO ASSEMBLY
10/30/2020delivered to governor
11/11/2020signed chap.265
11/11/2020approval memo.14
Go to top

A10674 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10674a
 
SPONSOR: Rules (Otis)
  TITLE OF BILL: An act to amend the labor law, in relation to written notice require- ments for mass layoffs   PURPOSE OR GENERAL IDEA OF BILL: This legislation will amend the labor law, to require written notice concerning mass layoffs to the unit or units of local government and the school district or districts in which the employment loss will occur and each locality that provides emergency services to the site of employment where the employment loss will occur.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 860-b of the labor law to add as additional recipients of required WARN Act notice: 1) the chief elected official of the unit or units of local government and the school district or districts in which the mass layoff, relo- cation, or employment loss will occur; and 2) each locality that provides emergency services to the site of employ- ment where the employment loss will occur. Section 2 is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version clarifies which localities would receive a WARN Act notice from an employer.   JUSTIFICATION: On December 23, 2019; the Doral Arrowwood Resort in the Village of Rye Brook informed the Department of Labor and the Village of Rye Brook that it would be shutting down on January 12, 2020, just 20 days later. It provided notice of this event to its approximately 275 employees the next day, Christmas Eve. While the Doral Arrowwood provided notice to the Village of Rye Brook in order to comply with federal WARN Act requirements, many officials from other communities in the area, despite such communities being deeply affected, discovered the situation as a result of reports in the press. The surrounding communities and the Blind Brook School District collectively relied on nearly $2,000,000 in tax revenue from the Doral Arrowwood, and the Doral Arrowwood provided certain maintenance services for adjacent developments. In addition, existing hotel facilities such as an on-site cogeneration facility, swimming pool, maintenance materials (including fuel compressed gas), and stocked kitchen and bars presented significant maintenance and health and safety issues. The federal WARN Act requires the employer to provide notice to the unit of local government in which the employer is located (and in the case of multiple such units of government, to the one to which the highest taxes were paid in the preceding year). The New York WARN Act has no require- ment that affected communities be notified, despite the scale and far- reaching effects of situations that trigger WARN Act compliance. This lack of notice presents risks in that, among other matters: (1) the communities may have to address health and safety dangers with respect to a large abandoned property; and (2) loss of revenue may require significant and immediate budgetary changes. This bill requires employers with WARN Act notice obligations to notify affected communities and school districts (in addition to the existing requirement to notify employees, the Department of Labor, and local workforce investment boards) to ensure that these communities are aware of mass layoffs, plant closings, and major relocations. Receiving notice of these situations at the same time as other WARN Act notice recipients will enable these communities to react sooner and more effectively to manage situations such as the closing of the Doral Arrowwood that have a significant impact on the well-being of their residents, essential service obligations, and revenue.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A10674 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10674--A
 
                   IN ASSEMBLY
 
                                      June 24, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
          read once  and  referred  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the labor law, in relation to written notice require-
          ments for mass layoffs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 of section 860-b of the labor law, as added
     2  by chapter 475 of the laws of 2008, is amended to read as follows:
     3    1. An employer may not order a mass layoff, relocation, or  employment
     4  loss,  unless,  at  least ninety days before the order takes effect, the
     5  employer gives written notice of the order to the following:
     6    (a) affected employees and the representatives of affected employees;
     7    (b) the department; [and]
     8    (c) the local workforce investment boards established pursuant to  the
     9  federal  Workforce  Investment  Act  (P.L.  105-220) for the locality in
    10  which the mass layoff, relocation, or employment loss will occur;
    11    (d) the chief elected official of the unit or units of  local  govern-
    12  ment  and  the  school  district  or districts in which the mass layoff,
    13  relocation or employment loss will occur; and
    14    (e) each  locality  which  provides  police,  firefighting,  emergency
    15  medical or ambulance services or other emergency services to the site of
    16  employment  subject  to the mass layoff, relocation, or employment loss,
    17  as applicable.
    18    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14822-03-0
Go to top