2019 US Virgin Islands Code
Title 24 - Labor
Chapter 18 - Plant Closings
§ 471. Definitions
- As used in this chapter:
(1) “Advance notification” means a written declaration by an employer, in a form and manner prescribed by the Commissioner that a plant closing, mass layoff or relocation will occur.
(2) “Affected employees” means an employee who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing, relocation or Bankruptcy Reorganization pursuant to 11 U.S. C., § 101, et seq. or a mass layoff.
(3) “Commissioner” means the Commissioner of the Virgin Islands Department of Labor.
(4) “Employee” means an individual who at the point of termination had been performing full-time services for wages at a facility for the Employer for at least twelve consecutive months.
(5) “Employer” means an individual, corporation, or other private business entity, whether for profit or not for profit, which owns or operates a facility, or as defined in a contract governing the transfer of ownership or controlling interest in the covered facility.
(6) “Employment loss” means:
(A) an employment termination, other than a discharge for cause, voluntary departure, or retirement;
(B) permanent layoff;
(C) a relocation in which the affected employee is not offered employment in the relocated business pursuant to section 473(e).
(7) “Facility” means a plant, factory, commercial business, institution or other place of employment located in the Virgin Islands which had 10 or more employees during any month in the six-month period prior to the date of plant closing.
(8) “Mass layoff” means a reduction in force which:
(A) is not the result of a plant closing; and
(B) results in an employment loss at the single site of employment during any 30-day period for at least 25 employees.
(9) “Partial closing”, a permanent cessation of a discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of the facility which affects workers and communities in a manner similar to that of plant closings.
(10) “Physical calamity” means any calamity, such as fire, flood or other natural disaster.
(11) “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 or facility. Plant closing includes the sale, transfer, merger, takeover or similar change in the controlling interest of any employing unit, as defined in the Virgin Islands Unemployment Insurance Act, where the successor employer has not elected to be treated as a successor employing unit under the Virgin Islands Unemployment Insurance Act. Plant closing does not include facilities that are closed due to a physical calamity or natural disaster or closed under the provisions of the Federal Bankruptcy Act, 11 U.S.C. § 101 et seq., except for employers in reorganization proceedings or the final order of any federal or territorial governmental agency including adjudicated bankruptcy.
(12) “Relocation” means the removal of all or substantially all of the industrial, commercial or business operations in a covered facility to a location outside of the Virgin Islands.
(13) “Severance payment” means the pay an affected employee receives within one pay period after termination, equal to one week's pay for every year of service with the employer.
