New York Consolidated Laws, Labor Law - LAB § 860-a. Definitions

1. “Affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer.

2. “Employment loss” means:

3. “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. “Employer” shall not include the federal or state government or any of their political subdivisions, including any unit of local government or any school district.

4. “Mass layoff” means a reduction in force which:

5. “Part-time employee” means an employee who is employed for an average of fewer than twenty hours per week or who has been employed for fewer than six of the twelve months preceding the date on which notice is required.

6. “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).

7. “Representative” means an exclusive representative within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U.S.C. 159(a), 158(f)) or section 2 of the Railway Labor Act (45 U.S.C. 152).

8. “Relocation” means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location fifty miles or more away.