12- 170 C.M.R. ch. 15, § II

Current through 2024-51, December 18, 2024

Section 170-15-II - Determination of the Date of Termination or Relocation

If the Director determines that a termination or relocation of a covered establishment has occurred or will occur, the Director shall determine the date of termination or relocation in accordance with this section.

A. In doing so, the Director shall consider the following factors:

1. The date of the decision to close or relocate the establishment;

2. The date of any announcement to the employees that the establishment will be closed or relocated;

3. The point at which the number of employees employed at the establishment is less than 50% of the number of employees for the same time period one year earlier;

4. The point at which the number of hours worked at the establishment is less than 50% of the number of hours worked for the same time period one year earlier; and

5. The point at which any production or output measure is less than 50% compared to the production or output for the same time period one year earlier.

B. The Director may, in addition to the foregoing, consider other factors particular or unique to the operation of the establishment that go to the date of termination or relocation.

C. No one factor is presumed to be controlling. In determining the date of termination or relocation, the complete operations of the establishment may be considered. If the director's determination of a covered establishment's date of termination or relocation is based primarily on the fact that the covered establishment has on that date reduced its number of employees, number of work hours or production to less than 50% of that of the same time period one year earlier, as described in factors 3, 4 and 5 of subsection A, the director's determination is a presumption that may be overcome by evidence that the covered establishment's operations did not substantially cease on that date.

D. Layoffs that are of a seasonal nature whereby it is customary for the establishment to operate only during a regularly recurring period or periods of less than 26 weeks in a calendar year will not be primary evidence of a termination or relocation.

12- 170 C.M.R. ch. 15, § II