§394B-9  Notification; penalty.  (a)  An
employer in a covered establishment shall provide to each employee and the
director written notification of a closing, divestiture, partial closing, or
relocation at least sixty days prior to its occurrence.



(b)  An employer that violates this section
shall be liable to each affected employee for an amount equal to back pay and
benefits for the period of violation not to exceed sixty days.  This liability
may be reduced by any:



(1)  Wages the employer pays during the notice period;
and



(2)  Voluntary and unconditional payment not required
by a legal obligation.



(c)  An employer of a covered establishment
that is  actively seeking a buyer for a sale, transfer, or merger shall not be
required to provide the notice required under subsection (a) until the employer
has entered into a binding agreement for the sale, transfer, or merger of the
covered establishment that results in a divestiture.



(d)  An employer who
fails to provide notice under this section shall be subject to a civil penalty
not to exceed $500 for each day of the violation and the amount shall be
deposited in the employment and training fund under section 383-128; provided
that the employer may avoid the penalty if the employer satisfies its liability
to each affected employee within three weeks after the closing.  In any suit,
the court, in its discretion, may award the prevailing party reasonable
attorney's fees and costs. [L 1987, c 377, pt of §3; am L 2001, c 211, §1; am L
Sp 2007, c 5, §2]