EFTA00426860.pdf

From: Darren Indyke -MIla> To: Subject: Fwd: Plant Closing Act Date: Wed, 28 Sep 2011 17:39:02 +0000 Attachments: Plant Closing_Act.pdf; Plant_Closing_Act_Section_473.pdf; Plant Closing_Act_Section_475.pdf Please print. Thanks. Darren K. Indyke Darren K. Indyke, PLLC The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC - © 2011 Darren K. Indyke, PLLC —All rights reserved. ********************************************* ******* ************** ************************* **it* Begin forwarded message: From: "Rebecca E. Weiss" cl Date: September 28, 2011 12:21:11 PM EDT To: " " < Subject: Plant Closing Act Darren, As requested, attached is both the Revised Plant Closing Act (titled "Plant Closing Act") and sections 473 and 475 of the Original Act. The Revised Act replaces all sections of the Original Act with the exception of Sections 473, 475 and 477. Section 473 is supplemented with the Revised Section 473 so both the new and the old Sections apply. Important Sections for you to review are: Section 471, in particular definitions of employee, employer, facility, mass layoff and plant closing; Section 472(a) regarding advance notification; EFTA00426860 Section 473 regarding the severance requirements, in particular the one page attached as Plant Closing Act Section 473. You should also be aware of Sections 475 and 476. Also, I did some quick research and we may have an argument that the Plant Closing Act won't apply to construction sites. In interpreting the definition of employer, the courts will look to the federal law, known as the Worker Adjustment and Retraining Notification ("WARN") Action. I found some initial information that suggests that the WARN Act won't apply to construction sites but I need to do further research which I will do this afternoon. Best Regards, Rebecca E. Weiss, Esq. Dudley, Topper and Feuerzeig, LLP Package Delivery: Dudley, Topper and Feuerzeig, LLP Web: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone and delete the original message immediately. Thank you. EFTA00426861