2019 US Virgin Islands Code
Title 24 - Labor
Chapter 18 - Plant Closings
§ 472. Advance notification

(a)

• (1) Every employer with fewer than 1,000 employees who is closing a facility or planning a relocation or other action that results or will result in an employment loss shall at least 90 days before such action give advance notification to the Commissioner, any affected employees, and if the employees are represented by a labor union, to such labor union. In the case of a mass layoff, the employer shall give at least 30 days' advance notification of the mass layoff to any affected employees and their respective labor unions, and at least 10 days' advance notification to the Commissioner.

• (2) Every employer with 1,000 or more employees who is closing a facility or planning a relocation or other action that results or will result in employment loss shall at least 180 days before such action give advance notification of the mass layoff to any affected employees and their respective labor unions, and if the employees are represented by a labor union, to such labor union. In case of a mass layoff that will not result in a plant closing, the employer shall give at least 30 days’ advance notification of the mass layoff to any affected employees and their respective labor unions, and at least 10 days’ advance notification to the Commissioner.

(b) In the case of a sale of part or all of an employer's business, the seller is responsible for providing notice of any plant closing or mass layoff, in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser is responsible for providing notice for any plant closing or mass layoff in accordance with this section. Notwithstanding any other provision of this chapter, any person who is an employee of the seller as of the effective date of the sale, unless the previous employer pays plant closing severance in accordance with section 473 is deemed an employee of the purchaser immediately after the effective date of the sale.

(c) The mailing of notice required in subsection (a) to an employee's last known address or inclusion of notice with the employee's paycheck is an acceptable method for fulfillment of the employer's obligation to give notice to each affected employee under this section.

(d) The contents of notice must comply with this subsection.

• (1) The notification provided pursuant to this section must include:

  • (A) A statement of the number of employees whose employment will be terminated in connection with the reduction in force event or transfer or termination of operations of the establishment, the date or dates on which the reduction in force event or transfer or termination of operations and each termination of employment will occur;

  • (B) A statement of the reasons for the reduction in force event or transfer or termination of operations;

  • (C) A statement of any employment available to employees at any other establishment operated by the employer, and information regarding the benefits, pay and other terms and conditions of that employment and the location of the other establishment;

  • (D) A statement of any employee rights with respect to wages, severance pay, benefits, pension or other terms of employment as they relate to the termination, including, but not limited to, any rights based on a collective bargaining agreement or other existing employer policy;

  • (E) A disclosure of the amount of the severance pay which is payable pursuant to the section 473.

  • (F) A statement of the employees' right to receive from the V.I. Department of Labor's program to assist dislocated workers pursuant to section 24 V.I.C. § 474(b) information, referral counseling, job training, public programs and benefits to assist the employees; and employee rights based on law.

• (2) The notification must be in writing and, after the Commissioner has made a form for the notification available to employers, provided on that form. The commissioner shall make the form available to employers not more than 90 days following the effective date of this subsection.

(e) Notwithstanding the requirements of subsection (a), an employer is not required to provide notice if a mass layoff, relocation, or employment loss if the mass layoff, relocation or employment loss is a result of a physical calamity or an act of terrorism or war.