§ 411. Definitions

As used in this subchapter:

(1) "Affected employees" means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer.

(2) "Business closing" means:

(A) the permanent shutdown of a facility;

(B) the permanent cessation of operations at one or more worksites in the State that results in the layoff of 50 or more employees over a 90-day period; or

(C) the cessation of work or operations not scheduled to resume within 90 days that affects 50 or more employees.

(3) "Commissioner" means the Commissioner of Labor.

(4) "Department" means the Department of Labor.

(5) "Employer" means any person that employs:

(A) 50 or more full-time employees;

(B) 50 or more part-time employees who work at least 1,040 hours per employee per year; or

(C) a combination of 50 or more:

(i) full-time employees; and

(ii) part-time employees who work at least 1,040 hours per employee per year.

(6) "Employment loss" means the termination of employment that is the direct result of a business closing or mass layoff. An employee will not be considered to have suffered an employment loss if the employee is offered a transfer to a different site of employment within 35 miles; or if prior to the layoff notice to the employee, the employee voluntarily separates or retires or was separated by the employer for unsatisfactory performance or misconduct.

(7) "Mass layoff" means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. In determining whether a mass layoff has occurred or will occur, employment losses for two or more groups of employees, each of which is below this threshold but which in the aggregate exceed this threshold and which occur within any 90-day period shall be considered to be a mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes.

(8) "Representative" means an exclusive bargaining agent as legally recognized under State or federal labor laws. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)