Title LAB, Labor

§ 837. State plan. 1. The governor shall be responsible for\npreparation and submission of a biennial plan. The plan shall be\nprepared with input from the department, the department of economic\ndevelopment, state education department, state university of New York\nand the stat…

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

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

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

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

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

§ 843. Employer specific skills training. 1. The department shall\nenter into agreements with the commissioner of education to pay for the\nparticipation of dislocated workers in employer specific short-term\nskill training provided by the commissioner of education under the\npr…

§ 844. Feasibility studies. The department of economic development\nshall conduct preliminary assessments of the advisability of conducting\na comprehensive study exploring the feasibility of having a company or\ngroup, including the workers, purchase the plant and continue it i…

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

§ 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\nthe funds expended by substate grantees must be used for retraining\nservices as defined in section eight hundred thirty-five of this\narticle.\n 2. Not more than twenty-five percent of the funds expended by…

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

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

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

* § 850*. Legislative findings and objectives. The legislature finds\nthat due to the harmful impact upon the people of the state and upon the\neconomic stability of the state as the result of high cyclical and\nstructural unemployment it is necessary and appropriate to most\nef…

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

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

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

* § 852 . Powers and duties of the board. The board may create and\norganize any operational units under the board as it may determine to be\nnecessary for efficient and effective operation. The board shall assign\nappropriate functions to any such unit and may appoint such staf…

§ 853. Report. The department shall be responsible for the preparation\nof the annual report to the secretary of labor describing those\nactivities of the workforce investment board taken to comply with the\nrequirements of the federal Workforce Investment Act of 1998 (P.L.\n105…

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

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

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

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

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

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

§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is\nnot required to comply with the notice requirement in subdivision one of\nsection eight hundred sixty-b of this article if:\n (a)(i) at the time the notice would have been required, the employer\nwas activel…

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

§ 860-e. Determinations with respect to employment loss. In\ndetermining whether a plant closing or mass layoff has occurred or will\noccur, employment losses for two or more groups of employees at a single\nsite of employment, each of which is less than the minimum number of\ne…

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

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

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

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

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

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

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

§ 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\nsubcontractors. 1. Every contractor shall post in a prominent and\naccessible place on the site where the construction is performed a\nlegible statement, provided by the commissioner, that describes the\nres…

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

§ 861-f. Retaliation. 1. It is a violation of this article for an\nemployer or any agent of any employer, to retaliate through discharge or\nin any other manner against any person in the terms of conditions of his\nor her employment for exercising any rights granted under this a…

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

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

§ 862-a. Definitions. As used in this article:\n 1. "Commercial goods transportation contractor" means any sole\nproprietor, partnership, firm, corporation, limited liability company,\nassociation or other legal entity that compensates a driver who\npossesses a state-issued driv…

§ 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\ngoods transportation contractors and commercial goods transportation\nsubcontractors. 1. Every commercial goods transportation contractor\nshall post in a prominent and accessible place on the site where\ncommerc…

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

§ 862-e. Retaliation. 1. It is a violation of this article for an\nemployer or any agent of any employer, to retaliate through discharge or\nin any other manner against any person in the terms of conditions of his\nor her employment for exercising any rights granted under this a…

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

§ 866. Declaration of legislative findings. The legislature hereby\nfinds that alpine or downhill skiing is both a major recreational sport\nand a major industry within the state of New York. The legislature\nfurther finds: (a) that downhill skiing, like many other sports, is no…

§ 867. Safety in skiing code. 1. The commissioner, on the advice of\nthe passenger tramway advisory council as created pursuant to section\ntwelve-c of this chapter, shall promulgate rules and regulations,\nconsistent with article eighteen of the general obligations law,\nintend…