N.Y. Labor Law § 860-e: Determinations with respect to employment loss

§ 860-e. Determinations with respect to employment loss. In

determining whether a plant closing or mass layoff has occurred or will

occur, employment losses for two or more groups of employees at a single

site of employment, each of which is less than the minimum number of

employees specified in subdivisions four or six of section eight hundred

sixty-a of this article but which in the aggregate meet or exceed that

minimum number set forth in such subdivisions, and which occur within

any ninety-day period shall be considered to be a plant closing or mass

layoff unless the employer demonstrates that the employment losses are

the result of separate and distinct actions and causes and are not an

attempt by the employer to evade the requirements of this article.