RSA 275-F:3 · Notice

275-F:3 Notice. –

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I.

No employer shall order a mass layoff or plant closing unless 60 days before the order takes effect the employer gives written notice of the order to:

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(a)

Affected employees and representatives of affected employees;

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(b)

The commissioner, who shall notify additional governmental units as appropriate;

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(c)

The New Hampshire attorney general; and

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(d)

The chief elected official of each municipality in New Hampshire within which the plant closing or mass layoff occurs.

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II.

Any employer required to give notice of any mass layoff or plant closing under this chapter shall include in its notice the elements required by the Worker Adjustment and Retraining Notification Act, 29 U.S.C. section 2101 et seq.

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III.

The mailing of notice to an employee's last known address or inclusion of notice in the employee's paycheck shall be considered acceptable methods for notice to each affected employee under this chapter.

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IV.

If an employer sells all or part of its business, the seller shall be responsible for providing notice for any plant closing or mass layoff under this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser shall be responsible for providing notice for any plant closing or mass layoff under this section. Notwithstanding any other provision of this chapter, any person who is a full-time employee of the seller, other than a part-time employee, as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.

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V.

The rights and remedies of employees under this chapter are in addition to any other contractual, statutory, or common law rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other law. Source. 2009, 325:1, eff. Jan. 1, 2010.

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