Section 860-B. Notice

1.  An  employer  may  not  order  a  mass layoff,
  relocation, or employment loss, unless, at least ninety days before  the
  order  takes  effect,  the employer gives written notice of the order to
  the following:
    (a) affected employees and the representatives of affected employees;
    (b) the department; and
    (c) the local workforce investment boards established pursuant to  the
  federal  Workforce  Investment  Act  (P.L.  105-220) for the locality in
  which the mass layoff, relocation, or employment loss will occur.
    2. An employer required to give notice of any mass layoff, relocation,
  or employment loss under this article shall include in  its  notice  the
  elements  required  by  the  federal  Worker  Adjustment  and Retraining
  Notification Act (29 U.S.C. 2101 et seq.).
    3.  Notwithstanding  the  requirements  of  subdivision  one  of  this
  section, an employer is not required to provide notice if a mass layoff,
  relocation, or employment loss is necessitated by a physical calamity or
  an act of terrorism or war.
    4. The mailing of notice to an employee's last known address by either
  first  class  or  certified  mail  or  the  inclusion  of  notice  in an
  employee's  paycheck  shall  be  considered   acceptable   methods   for
  fulfillment of the employer's obligation to give notice to each affected
  employee under this article.
    5. In the case of a sale of part or all of an employer's business, the
  seller  shall  be responsible for providing notice for any plant closing
  or mass layoff in accordance with 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 in accordance with
  this  section.  Notwithstanding any other provision of this article, any
  person who is an employee of the seller as of the effective date of  the
  sale  shall be considered an employee of the purchaser immediately after
  the effective date of the sale.
    6. Nothing set forth herein shall be read  to  abridge,  abrogate,  or
  restrict  the  right of any state or local entity to require an employer
  that is receiving state or local  economic  development  incentives  for
  doing  or continuing to do business in this state from being required to
  provide additional or earlier notice as a condition for the  receipt  of
  such incentives.
    7.  Nothing  set forth herein shall be read to prevent an employer who
  is not required to comply with the notice requirements of this  section,
  to  the  extent  possible,  to  provide  notice to its employees about a
  proposal to close a plant or permanently reduce its workforce.
    8. Calendar days. All references in this article to  "days"  shall  be
  deemed to mean calendar days.