§394B-9  Notification; penalty.  (a)  Anemployer in a covered establishment shall provide to each employee and thedirector written notification of a closing, divestiture, partial closing, orrelocation at least sixty days prior to its occurrence.

(b)  An employer that violates this sectionshall be liable to each affected employee for an amount equal to back pay andbenefits for the period of violation not to exceed sixty days.  This liabilitymay be reduced by any:

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

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

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

(d)  An employer whofails to provide notice under this section shall be subject to a civil penaltynot to exceed $500 for each day of the violation and the amount shall bedeposited in the employment and training fund under section 383-128; providedthat the employer may avoid the penalty if the employer satisfies its liabilityto each affected employee within three weeks after the closing.  In any suit,the court, in its discretion, may award the prevailing party reasonableattorney's fees and costs. [L 1987, c 377, pt of §3; am L 2001, c 211, §1; am LSp 2007, c 5, §2]