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.
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.
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:
This act shall take effect immediately.
STATE OF NEW YORK
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.