Document Citation: 12 NYCRR 921-6.4

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 12. DEPARTMENT OF LABOR
CHAPTER XII. DIVISION OF EMPLOYMENT AND TRAINING
PART 921. NEW YORK STATE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) REQUIREMENTS
SUBPART 921-6. EXCEPTIONS

Date:
08/31/2009

Document:

§ 921-6.4 Natural disaster

(a) To qualify for this exception, the employer shall establish that:

(1) The plant closing, mass layoff, relocation, or covered reduction in work hours was a direct result of any form of a natural disaster including floods, earthquakes, droughts, storms, tidal waves, tsunamis, or similar effects of nature; and

(2) The employer provided as much notice as is practicable and available under the circumstances, whether in advance or after an employment loss caused by the disaster.

(b) Where a plant closing, mass layoff, relocation, or covered reduction in work hours occurs as an indirect result of a natural disaster, the exception does not apply but the "unforeseeable business circumstance" exception may be applicable.