2013 New York Consolidated Laws
LAB - Labor
Article 24 - (835 - 849) WORKER ADJUSTMENT ACT
835 - Definitions.

 
    §  835.  Definitions.  For the purposes of this article, the following
  terms shall have the following meanings:
    1. "Additional dislocated workers" means a displaced homemaker who  is
  an individual who:
    (a) was a full-time homemaker for a substantial number of years; and
    (b) derived the substantial share of his or her support from:
    (i)  a  spouse  and  no longer receives such support due to the death,
  divorce, permanent separation from the spouse, or
    (ii) public assistance on account of dependents in  the  home  and  no
  longer receives such support.
    2. "Administrative entity" means the entity designated to administer a
  job  training  plan pursuant to section one hundred three (b) (1) (B) of
  the federal Job Training Partnership Act (P.L. 97-300).
    3. "Basic readjustment services" means  services  including,  but  not
  limited to:
    (a)  development  of individual readjustment plans for participants in
  programs under this article;
    (b) outreach and intake;
    (c) early readjustment assistance;
    (d) job or career counseling;
    (e) testing;
    (f) orientation;
    (g) assessment, including evaluation  of  educational  attainment  and
  participant interests and aptitudes;
    (h) determination of occupational skills;
    (i) provision of future world-of-work and occupational information;
    (j) job placement assistance;
    (k) labor market information;
    (l) job clubs;
    (m) job search;
    (n) job development;
    (o)  supportive  services, including child care, commuting assistance,
  and financial and personal counseling which shall  terminate  not  later
  than  the  ninetieth  day  after  the  participant  has  completed other
  services under this subdivision, except  that  counseling  necessary  to
  assist  participants to retain employment shall terminate not later than
  six months following the completion of training;
    (p) prelayoff assistance;
    (q) relocation assistance; and
    (r)  programs  conducted  in  cooperation  with  employers  or   labor
  organizations  to provide early intervention in the event of closures of
  plants or facilities.
    4.  "Dislocated  workers"  means  individuals  who:    (a)  have  been
  terminated  or  laid off or who have received a notice of termination or
  layoff from  employment,  are  eligible  for  or  have  exhausted  their
  entitlement  to unemployment compensation, and are unlikely to return to
  their previous industry or occupation;
    (b) have been terminated or have received a notice of  termination  of
  employment,  as  a result of any permanent closure of or any substantial
  layoff at a plant, facility, or enterprise;
    (c) are  long-term  unemployed  and  have  limited  opportunities  for
  employment  or  reemployment  in the same or a similar occupation in the
  area in which such individuals reside, including older  individuals  who
  may have substantial barriers to employment by reason of age; or
    (d)  were  self-employed  (including  farmers  and  ranchers)  and are
  unemployed as a result of general economic conditions in  the  community
  in  which  they  reside  or  because  of  natural  disasters, subject to
  regulations prescribed by the federal Secretary of Labor.

    5. "Employer specific skill training" shall mean programs administered
  by the state education department designed to  support,  supplement  and
  contribute  to  the economic development activities of the department of
  economic development and regional and  local  efforts  to  maintain  the
  economy of the state by providing skills training programs for companies
  which  want to locate or expand in the state, including support to small
  business and cottage industries, special training for new and  expanding
  industries  in urban and rural areas and other training programs to meet
  the needs of dislocated workers and the state's business and industry.
    6. "Grant recipient" means the entity chosen within a service delivery
  area to receive funds from the state pursuant  to  section  one  hundred
  four (b) (2) of the federal Job Training Partnership Act (P.L.  97-300).
    7.   "Labor-management   committees"   means   committees  voluntarily
  established to respond to  actual  or  prospective  worker  dislocation,
  which ordinarily include, but are not limited to, the following:
    (a) shared and equal participation by workers and management;
    (b)  shared financial participation between the company and the state,
  using funds provided under this article, in  paying  for  the  operating
  expenses of the committee;
    (c)  a  chairperson,  to  oversee  and  guide  the  activities  of the
  committee, (i) who shall be jointly selected by the labor and management
  members of the committee, (ii) who is not employed by or under  contract
  with labor or management at the site, and (iii) who shall provide advice
  and leadership to the committee and prepare a report on its activities;
    (d)  the  ability to respond flexibly to the needs of affected workers
  by devising and implementing a strategy for assessing the employment and
  training needs of each dislocated worker and for obtaining the  services
  and assistance necessary to meet those needs;
    (e)  a  formal  agreement,  terminable  at  will by the workers or the
  company management, and terminable for cause by the governor; and
    (f) local job identification activities by the chairperson and members
  of the committee on behalf of the affected workers.
    8. "Local elected official" means the chief elected executive  officer
  of a unit of general local government in a substate area.
    9.  "On-the-job  training"  means  training  which  is specified in an
  agreement between the grantee and the employer and  includes  both  work
  experience and training, formalized in an outline defining each training
  component and outcomes of the training process.
    10.  "Plant  closing"  means  the permanent or temporary shutdown of a
  single site of employment, or one or more facilities or operating  units
  within  a  single  site  of  employment,  if  the shutdown results in an
  employment loss at a single site of employment  during  any  thirty  day
  period  for  twenty-five  or  more  employees  excluding  any  part-time
  employees. In addition, should the shutdown directly cause an employment
  loss at any additional site, all such employees at the  additional  site
  or  sites  shall be counted toward the twenty-five required to meet this
  definition.
    11. "Private industry council" means local private industry council as
  defined  in  section  one  hundred  two  of  the  federal  Job  Training
  Partnership Act (P.L. 97-300).
    12.  "Region" means the economic development regions as defined by the
  department of economic development.
    13. "Retraining services" means services which may  include,  but  are
  not limited to:
    (a) classroom training;
    (b) occupational skill training;
    (c) on-the-job training;
    (d) out-of-area job search;

    (e) relocation;
    (f) basic and remedial education;
    (g) literacy and English for non-English-speaker training;
    (h) entrepreneurial training; and
    (i)   other   appropriate  training  activities  directly  related  to
  appropriate employment opportunities within the substate area.
    14. "Service delivery area" means a local  service  delivery  area  as
  defined  in  section  one  hundred  one  of  the  federal  Job  Training
  Partnership Act (P.L. 97-300).
    15. "Service  provider"  means  a  public  agency,  private  nonprofit
  organization,  or  private  for-profit entity that delivers educational,
  training, or employment services.
    16. "Substantial layoff" means any reduction-in-force which is not the
  result of a plant closing and which results in an employment loss  at  a
  single site of employment during any thirty day period for:
    (a)  (i)  at  least  thirty-three  percent of the employees (excluding
  employees regularly working less than twenty hours per week); and
    (ii) at least fifty employees (excluding employees  regularly  working
  less than twenty hours per week); or
    (b)  at  least  five  hundred employees (excluding employees regularly
  working less than twenty hours per week).
    17. "Substate areas" means that geographic area in a state established
  by the governor pursuant to section three  hundred  twelve  (a)  of  the
  federal  Economic Dislocation and Worker Adjustment Assistance Act (P.L.
  100-418), provided  that  the  governor  shall  notify  in  writing  the
  president  pro  tempore of the senate, speaker of the assembly, minority
  leader of the senate and minority leader of the assembly not  less  than
  sixty days prior to any change in the designation of such area.
    18.  "Substate grantees" means that agency or organization selected to
  administer programs pursuant to section three hundred twelve (b) of  the
  federal  Economic Dislocation and Worker Adjustment Assistance Act (P.L.
  100-418) and section eight hundred thirty-six of this article.