Page 189 - An Indispensible Resource for Being a Credible Activist

Plant closing. As part of the amended State Worker Adjustment and Retraining Noti-
fication Act, and as a result of relocation or consolidation of part or all of an employer’s busi-
ness, the employer is required to give notice of any impending mass layoff, relocation, or
employment loss. A plant closing is a permanent or temporary shutdown of a single site of
employment or of one or more facilities or operating units within a single site of employ-
ment. The employer is required to give at least a 90-day notification to the affected employ-
ees and their representatives. Such notice is not required if the employment loss is
necessitated by a physical calamity or an act of terrorism or war. The mailing of a notice to
an employee’s last known address by either first-class or certified mail or the inclusion of a
notice in an employee’s paycheck shall be considered an acceptable method for fulfilling the
employer’s obligation to give appropriate notice to affected employees.
Prevailing wage. Legislation was enacted that amended the labor law and general mu-
nicipal law of the State relating to guaranteeing payment of prevailing wages to the workers
of the State. Any person contracting with the State, with a public-benefit company, with a
municipal company, or with a commission appointed pursuant to law and who shall require
more than eight hours’ work for a day’s labor, unless otherwise permitted by law, is guilty
of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the
penal law for each offense. Notwithstanding the foregoing, the department of jurisdiction
may release, to third parties who weren’t themselves involved in the violations, monies due
and owing on the contract or subcontract that have not been withheld for the sole purpose
of satisfying the contractor’s or subcontractor’s obligations under the contract or subcon-
tract. Every contract for a public-works project shall contain a term stating that the filing of
payrolls in a manner consistent with State law is a condition precedent to payment of any
sums due and owing to any person for work done on the project. The department of jurisdic-
tion is defined as the department of the State, board, or officer in the State, or the particu-
lar law, whose duty it is to prepare or direct the preparation of the plans and specifications
for a public-works project. Each department of jurisdiction shall designate, in writing, an in-
dividual employed by such department as the person responsible for the receipt, collection,
and review for facial validity of payrolls. Finally, any person or company that conspires to
prevent competitive bidding on a contract for public work or purchase that is advertised for
bidding shall be guilty of a misdemeanor under the law. The State labor law and general
municipal law relating to guaranteeing payment of prevailing wages to workers in the State
were amended. Any person participating in a public-works project in the capacity of a con-
tractor or subcontractor and who willfully fails to pay or provide the prevailing wage rate
for wages or supplements owed shall be guilty of a Class A misdemeanor when such failure
results in underpayments that, in the aggregate amount to all workers employed by such
person, results in an amount due of less than $25,000; shall be guilty of a Class E felony
when the amount due is greater than $25,000; shall be guilty of a Class D felony when the
amount due is greater than $100,000; and shall be guilty of a Class C felony when the
amount due is greater than $500,000. Any person convicted of a second such offense within
five years shall disgorge profits and shall not be entitled to receive any monies due and
owing on the contract or subcontract, nor shall any officer, agent, or employee of the depart-
ment of jurisdiction or its financial officer pay to such person any such monies without the
written approval of the department fiscal officer or without a court order by a court of

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