Title LAB, Labor

§ 836. Administration. Except as is otherwise provided herein, the administration of the worker adjustment program shall be carried out by the department in consultation with the department of economic development, state education department, state university of New York, city u…

§ 837. State plan. 1. The governor shall be responsible for preparation and submission of a biennial plan. The plan shall be prepared with input from the department, the department of economic development, state education department, state university of New York and the state jo…

§ 838. Substate grantees. 1. Substate grantees shall be designated on a biennial basis through agreement between the governor, local elected officials and private industry councils pursuant to the act. (a) preference for selection shall be given to those entities which have demo…

§ 839. Substate plans. 1. Substate grantees are required to submit a substate plan for review and comment to the local elected officials and the private industry council and to the governor for approval. Upon approval of the plan, grantees shall implement all procedures describe…

§ 840. State level activities, rapid response. 1. The state shall be responsible for rapid response activities pursuant to section 312.1 of the federal Job Training Partnership Act (P.L. 97-300), coordination of title III activity and the state unemployment insurance program, st…

§ 841. Regional and demonstration projects. 1. Demonstration projects. (a) The state unit shall conduct statewide projects and demonstration programs to address the needs of distressed industries and to provide for projects that would lead to the development of innovative strate…

§ 842. Monitoring. The state unit will monitor the implementation of substate plans and, as needed, shall make additional funds available to the substate grantees, pursuant to subdivision two of section eight hundred forty-eight of this article, to assure that the substate plan …

§ 843. Employer specific skills training. 1. The department shall enter into agreements with the commissioner of education to pay for the participation of dislocated workers in employer specific short-term skill training provided by the commissioner of education under the provis…

§ 844. Feasibility studies. The department of economic development shall conduct preliminary assessments of the advisability of conducting a comprehensive study exploring the feasibility of having a company or group, including the workers, purchase the plant and continue it in o…

§ 845. Coordination. State dislocated worker programs funded under this section shall, to the fullest extent possible, coordinate with other federal, state and local programs before initiating activity and, where substantial numbers of union members are affected, consult with ap…

§ 846. Substate level activities. 1. (a) Grantees shall use funds\nallotted to them pursuant to section eight hundred forty-eight of this\narticle to provide to eligible dislocated workers the core functions of\nthe worker adjustment program, which include intake, assessment and…

§ 847. Limitations on uses of funds. 1. Not less than sixty percent of the funds expended by substate grantees must be used for retraining services as defined in section eight hundred thirty-five of this article. 2. Not more than twenty-five percent of the funds expended by any …

§ 848. Apportionment of funds. 1. For activities included in section eight hundred forty of this article the department may retain no more than thirty-six percent of the funds allocated to the state pursuant to this article. 2. (a) The governor shall reserve an additional ten pe…

§ 849. Reporting and evaluation. Reporting and evaluation requirements prescribed by this article shall conform with those stipulated in article forty-nine of the executive law, the workforce preparation evaluation act.

§ 850. Legislative findings and objectives. The federal Workforce Investment Act of 1998 (P.L. 105-220), establishes a flexible state framework for a national workforce preparation and employment system designed to meet the needs of the state's businesses, job seekers, incumbent…

* § 850*. Legislative findings and objectives. The legislature finds that due to the harmful impact upon the people of the state and upon the economic stability of the state as the result of high cyclical and structural unemployment it is necessary and appropriate to most effect…

§ 851. Administration. The department shall be the state's lead workforce investment and development agency.

* § 851 . Comprehensive employment and training act allocation review board. There is hereby created a state comprehensive employment and training act allocation review board, hereafter referred to in this article as the board, which shall consist of the commissioners of labor, …

§ 852. New York state workforce investment board. 1. Creation and constitution. (a) The governor shall establish a board, within the department, to be known as the New York state workforce investment board. The board shall be composed of forty-nine members, including the followi…

* § 852 . Powers and duties of the board. The board may create and organize any operational units under the board as it may determine to be necessary for efficient and effective operation. The board shall assign appropriate functions to any such unit and may appoint such staff, …

§ 853. Report. The department shall be responsible for the preparation of the annual report to the secretary of labor describing those activities of the workforce investment board taken to comply with the requirements of the federal Workforce Investment Act of 1998 (P.L. 105-220…

§ 854. Quarterly work opportunity tax credit reporting. The department shall make available on its website certain statistical information and target group eligibility information relating to work opportunity tax credit certifications approved by the department made pursuant to …

* § 856. Declaration of legislative finding. The legislature finds that due to the state's continuing loss of business and industry, declining economy and its resultant excessively high net job loss it is necessary and appropriate to take new and aggressive steps to promote and …

* § 857. New York state job retention board. 1. There is hereby established a board, to be hereinafter designated as the New York state job retention board, to be comprised of the following voting members: the governor of the state of New York, the comptroller of the state of Ne…

§ 860. Short title. This article shall be known and may be cited as the "New York state worker adjustment and retraining notification act".

§ 860-a. Definitions. As used in this article, the following terms shall have the following meanings: 1. "Affected employees" means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their empl…

§ 860-b. Notice. 1. An employer may not order a mass layoff, relocation, or employment loss, unless, at least ninety days before the order takes effect, the employer gives written notice of the order to the following: (a) affected employees and the representatives of affected em…

§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is not required to comply with the notice requirement in subdivision one of section eight hundred sixty-b of this article if: (a)(i) at the time the notice would have been required, the employer was actively see…

§ 860-d. Extension of mass layoff period. A mass layoff of more than six months which, at its outset, was announced to be a mass layoff of six months or less shall be treated as an employment loss under this article unless: 1. the extension beyond six months is caused by busines…

§ 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 emplo…

§ 860-f. Powers of the commissioner. 1. The commissioner shall prescribe such rules as may be necessary to carry out this article. The rules shall, at a minimum, include provisions that allow the parties access to administrative hearings for any actions of the department under t…

§ 860-g. Violation; liability. 1. An employer who fails to give notice as required by paragraph (a) of subdivision one of section eight hundred sixty-b of this article before ordering a mass layoff, relocation, or employment loss is liable to each employee entitled to notice who…

§ 860-h. Civil penalty. 1. An employer who fails to give notice as required by paragraph (b) of subdivision one of section eight hundred sixty-b of this article is subject to a civil penalty of not more than five hundred dollars for each day of the employer's violation. The empl…

§ 860-i. Other rights. The rights and remedies provided to employees by this article are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the…

§ 861. Short title. This article shall be known and may be cited as "the New York state construction industry fair play act".

§ 861-a. Legislative findings and intent. The legislature hereby finds and declares that New York state's construction industry is experiencing dangerous levels of employee misclassification fraud. Unscrupulous employers are intentionally reporting employees as independent contr…

§ 861-b. Definitions. As used in this article: 1. "Construction" means constructing, reconstructing, altering, maintaining, moving, rehabilitating, repairing, renovating or demolition of any building, structure, or improvement, or relating to the excavation of or other developme…

§ 861-c. Presumption of employment in the construction industry. 1.\nAny person performing services for a contractor shall be classified as\nan employee unless the person is a separate business entity under\nsubdivision two of this section or all of the following criteria are\nm…

§ 861-d. Notice to persons receiving remuneration from contractors and subcontractors. 1. Every contractor shall post in a prominent and accessible place on the site where the construction is performed a legible statement, provided by the commissioner, that describes the respons…

§ 861-e. Violations and penalties. 1. Any contractor who wilfully fails to properly classify an individual as an employee as provided under section eight hundred sixty-one-c of this article shall be subject to the civil and criminal penalties provided under this section. The civ…

§ 861-f. Retaliation. 1. It is a violation of this article for an employer or any agent of any employer, to retaliate through discharge or in any other manner against any person in the terms of conditions of his or her employment for exercising any rights granted under this arti…

§ 861-g. Contractor accountability. When a contractor or sub-contractor is found to have failed to pay all wages as required by article six or nineteen of this chapter, either by a final order issued by the commissioner, an assurance of discontinuance or final settlement with th…

§ 862. Short title. This article shall be known and may be cited as the "New York state commercial goods transportation industry fair play act".

§ 862-a. Definitions. As used in this article: 1. "Commercial goods transportation contractor" means any sole proprietor, partnership, firm, corporation, limited liability company, association or other legal entity that compensates a driver who possesses a state-issued driver's …

§ 862-b. Presumption of employment in the commercial goods\ntransportation industry. 1. Any person performing commercial goods\ntransportation services for a commercial goods transportation contractor\nshall be classified as an employee of the commercial goods\ntransportation co…

§ 862-c. Notice to persons receiving remuneration from commercial goods transportation contractors and commercial goods transportation subcontractors. 1. Every commercial goods transportation contractor shall post in a prominent and accessible place on the site where commercial …

§ 862-d. Violations and penalties. 1. Any commercial goods transportation contractor who willfully fails to properly classify an individual as an employee as provided under section eight hundred sixty-two-b of this article shall be subject to the civil and criminal penalties pro…

§ 862-e. Retaliation. 1. It is a violation of this article for an employer or any agent of any employer, to retaliate through discharge or in any other manner against any person in the terms of conditions of his or her employment for exercising any rights granted under this arti…

§ 865. Short title. This article shall be known and may be cited as the "safety in skiing act".

§ 866. Declaration of legislative findings. The legislature hereby finds that alpine or downhill skiing is both a major recreational sport and a major industry within the state of New York. The legislature further finds: (a) that downhill skiing, like many other sports, is not w…