§394B-9  Notification; penalty.  (a)  An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence.

     (b)  An employer that violates this section shall be liable to each affected employee for an amount equal to back pay and benefits for the period of violation not to exceed sixty days.  This liability may be reduced by any:

     (1)  Wages the employer pays during the notice period; and

     (2)  Voluntary and unconditional payment not required by a legal obligation.

     (c)  An employer of a covered establishment that is  actively seeking a buyer for a sale, transfer, or merger shall not be required to provide the notice required under subsection (a) until the employer has entered into a binding agreement for the sale, transfer, or merger of the covered establishment that results in a divestiture.

     (d)  An employer who fails to provide notice under this section shall be subject to a civil penalty not to exceed $500 for each day of the violation and the amount shall be deposited in the employment and training fund under section 383-128; provided that the employer may avoid the penalty if the employer satisfies its liability to each affected employee within three weeks after the closing.  In any suit, the court, in its discretion, may award the prevailing party reasonable attorney's fees and costs.

     (e)  The department shall enforce this section and shall have all the powers and duties conferred and imposed upon it pursuant to section 371-12. [L 1987, c 377, pt of §3; am L 2001, c 211, §1; am L Sp 2007, c 5, §2; am L 2011, c 137, §2]



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