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NY A00375
Bill
Status
1/6/2023
Primary Sponsor
Harry Bronson
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AI Summary
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Removes the exclusion of part-time employees from employment definitions and threshold calculations for determining when employers must provide notice of facility closings or mass layoffs.
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Expands the definition of "employer" to include affiliates and changes the threshold from 50 employees to include all employees regardless of hours worked.
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Eliminates the discretionary authority of the commissioner to reduce penalties for employers who violate notice requirements in good faith; limits penalty reductions only to situations involving natural disasters.
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Removes the 60-day maximum cap on back pay calculations, allowing back pay to be calculated for up to one-half the total length of an employee's employment with the employer.
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Requires employers to pay severance of one week's pay per year of employment to affected employees during facility closings, relocations, or mass layoffs; adds four additional weeks of severance for employers who fail to provide required notice.
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Authorizes the attorney general to seek injunctions and take enforcement action to help employees receive back pay and other liabilities owed by employers.
Legislative Description
Removes the exclusion of part-time employees from certain definitions relating to employment and expanding the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss; allows the attorney general to take certain action to assist certain employees in receiving back pay and other liabilities; requires employers to pay severance to employees when there is a plant closing, relocation, or mass layoff.
Last Action
referred to labor
1/3/2024