860-E - Determinations with respect to employment loss.

§   860-e.   Determinations   with  respect  to  employment  loss.  In  determining whether a plant closing or mass layoff has occurred or  will  occur, employment losses for two or more groups of employees at a single  site  of  employment,  each  of which is less than the minimum number of  employees specified in subdivisions four or six of section eight hundred  sixty-a of this article but which in the aggregate meet or  exceed  that  minimum  number  set  forth in such subdivisions, and which occur within  any ninety-day period shall be considered to be a plant closing or  mass  layoff  unless  the employer demonstrates that the employment losses are  the result of separate and distinct actions and causes and  are  not  an  attempt by the employer to evade the requirements of this article.