Section 275-F:4 Exceptions.
I. In a mass layoff or plant closing, an employer is not required to comply with the notice requirement of RSA 275-F:3 if:
(a) The employer is a faltering company and at the time that notice would have been required, the employer was actively seeking capital in the form of loans, or the issuance of stocks, bonds, or other methods of internally generated financing, or additional money, credit, or business through a commercially reasonable method which opportunities were objectively realistic; and
(1) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the mass layoff or plant closing; and
(2) The employer reasonably and in good faith believed that giving the notice required by RSA 275-F:3 would have precluded the employer from obtaining the needed capital or business; or
(b) The need for notice was not reasonably foreseeable at the time the notice would have been required; or
(c) The plant closing is of a temporary facility or the plant closing or mass layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility, project, or undertaking; or
(d) A mass layoff or plant closing is necessitated by a physical calamity, natural disaster, or an act of terrorism or war; or
(e) The closing or layoff constitutes a strike or lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act, 29 U.S.C. section 151 et seq. Nothing in this chapter shall validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.
II. An employer relying on such exceptions shall provide as much notice as is practicable and at that time shall provide a complete statement of the basis for reducing the notification period.
Source. 2009, 325:1, eff. Jan. 1, 2010.