N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-6.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 921-6.3 - Unforseeable business circumstances

To qualify for this exception, the employer shall establish that the plant closing, mass layoff, relocation or covered reduction in work hours was caused by business circumstances that were not reasonably foreseeable when the 90-day notice would have been required.

(a) A business circumstance that is not reasonably foreseeable may be established by the occurrence of some sudden, dramatic and unexpected action or condition outside the employer's control. Examples include a principal client's sudden and unexpected termination of a major contract with the employer, a strike at a major supplier of the employer, an unanticipated and dramatic major economic downturn, a public health emergency, including but not limited to a pandemic, that results in a sudden and unexpected closure, a terrorist attack directly affecting operations, or a government-ordered closing of an employment site that occurs without prior notice.

(b) The employer shall exercise commercially reasonable business judgement in determining whether a business circumstance is reasonably foreseeable.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-6.3

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 6/21/2023