A 7781 —

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This bill amends 1 section(s) of the New York Consolidated Laws: Section 860-a of the labor law.

• Section 860-a of the labor law

  plant six six-month plant six-month six-month 3. , excluding part-time employees, or fifty or more employ- ees that work in the aggregate at least two thousand hours per week 4. plant : (i) at least thirty-three percent of the employees (excluding part- time employees); and (ii) at least twenty-five employees (excluding part-time employees); or (iii) at least two hundred fifty employees (excluding part-time employees) 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 twenty-five (other than part-time employees) 7. 8. plant plant plant plant (i) at the time the notice would have been required, the employer was actively seeking capital or business; and (ii) the capital or business sought, if obtained, would have enabled the employer to avoid or postpone the relocation or termination; and (iii) the employer reasonably and in good faith believed that giving the notice required by subdivision one of section eight hundred sixty-b of this article would have precluded the employer from obtaining the needed capital or business; (b) the need for a notice was not reasonably foreseeable at the time the notice would have been required; (c) plant plant (d) the plant closing or mass layoff is due to any form of natural disaster, such as a flood, earthquake, or drought; or (e) six six six six plant subdivisions four or six plant up to a maximum of sixty days, plant If an employer proves to the satisfaction of the commissioner that the act or omission that violated this article was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this article, the commissioner may, in his or her discretion, reduce the amount of liability provided for in this section. In determining the amount of such reduction, the commis- sioner shall consider (a) the size of the employer; (b) the hardships imposed on employees by the violation; (c) any efforts by the employer to mitigate the violation; and (d) the grounds for the employer's belief. plant → facility "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a specified person. italics 3. "Associate", when used to indicate a relationship with any person, means: (a) any entity of which such person is an officer or partner or is, directly or indirectly, the beneficial owner of ten percent or more of any class of voting securities; (b) any trust or other estate in which such person has a substantial beneficial interest or as to which such person serves as trustee or in a similar fiduciary capacity; and (c) any relative or spouse of such person, or any relative of such spouse, who has the same home as such person. 4. "Beneficial owner", when used with respect to any securities, means a person: (a) that, individually or with or through any of its affiliates or associates, beneficially owns such securities, directly or indirectly; or (b) that, individually or with or through any of its affiliates or associates, has (i) the right to acquire such securities, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or (ii) the right to vote such secu- rities pursuant to any agreement, arrangement or understanding, whether or not in writing; provided, however, that a person shall not be deemed the beneficial owner of any securities under this subparagraph if the agreement, arrangement or understanding to vote such securities (1) arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable rules and regulations under the Exchange Act and (2) is not then report- able on a Schedule 13D under the Exchange Act, or any comparable or successor report; or (c) that has any agreement, arrangement or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in subpara- graph (ii) of paragraph (b) of this subdivision, or disposing of such securities with any other person that beneficially owns, or whose affil- iates or associates beneficially own, directly or indirectly, such secu- rities. 5. "Control", including the terms "controlling", "controlled by" and "under common control with", means the possession, directly or indirect- ly, of the power to direct or cause the direction of (a) the management and policies of a person, (b) the operation of a person, or (c) substan- tially all of the assets of a person, whether through the ownership of voting securities, by contract, or otherwise. A person's beneficial ownership of ten percent or more of an entity's outstanding voting secu- rities shall create a presumption that such person has control of such entity. Notwithstanding the foregoing, a person shall not be deemed to have control of an entity if such person holds voting securities, in good faith and not for the purpose of circumventing this section, as an agent, bank, broker, nominee, custodian or trustee for one or more bene- ficial owners who do not individually or as a group have control of such entity. 6. other than in anticipation of an announced facility closing or mass layoff three three-month facility three-month three- month 7. "Employer" shall include any affiliate of an employer. 8. "Exchange Act" means the act of Congress known as the Securi- ties Exchange Act of 1934, as the same has been or hereafter may be amended from time to time. 9. facility for those working or reporting to twenty or more employees 10. "Facility twenty 11. 12. 13. "Person" means any individual, partnership, association, corpo- ration, cooperative, limited liability company, firm, trust, or other entity. facili- ty facility facility facility or mass layoff facility facility (b) fac

  amended

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