N.Y. Labor Law § 860-c: Exceptions

§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is

not required to comply with the notice requirement in subdivision one of

section eight hundred sixty-b of this article if:

(a)(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) the plant closing is of a temporary facility or the plant closing

or mass layoff is the result of the completion of a particular project

or undertaking, and the affected employees were hired with the

understanding that their employment was limited to the duration of the

facility or project or undertaking;

(d) the plant closing or mass layoff is due to any form of natural

disaster, such as a flood, earthquake, or drought; or

(e) the closing or mass layoff constitutes a strike or constitutes a

lockout not intended to evade the requirements of this article. Nothing

in this article shall require an employer to serve written notice when

permanently replacing a person who is deemed to be an economic striker

under the National Labor Relations Act (29 U.S.C. 151 et seq.). Nothing

in this article shall be deemed to validate or invalidate any judicial

or administrative ruling relating to the hiring of permanent

replacements for economic strikers under the National Labor Relations

Act.

2. An employer unable to provide the notice otherwise required by this

article in a timely fashion as a result of circumstances described in

subdivision one of this section, shall provide as much notice as is

practicable and at that time shall provide a brief statement of the

basis for reducing the notification period.