§ 8-627. Separation notices  


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  •    (a) Reports on individual cases. --

       (1) Except as provided in subsections (b) and (c) of this section, on request of the Secretary, an employing unit shall provide to the Secretary a report of the separation from employment of an individual.

       (2) An employing unit who submits a separation notice under this subsection shall:

          (i) complete the notice on a form or in a manner that the Secretary requires; and

          (ii) submit the notice no later than the 8th calendar day after the day of the request.

       (3) On request, an employing unit who submits a separation notice under this subsection also shall submit to the Secretary a report of the wages of any of its employees.

    (b) Mass layoffs. --

       (1) An employing unit shall submit to the Secretary a single notice for a group of employees if the employing unit lays off at least 25 employees for the same reason at or about the same time in a single establishment for a period that is permanent, indefinite, or expected to exceed 7 days.

       (2) A notice under this subsection shall:

          (i) state the reason for the layoff; and

          (ii) list the name and Social Security number of each employee whom the layoff affects.

    (c) Labor disputes. --

       (1) An employing unit shall submit to the Secretary a single notice for a group of employees who become unemployed because of a labor dispute.

       (2) A notice under this subsection shall:

          (i) state the existence of the labor dispute without any statement about the nature of the dispute; and

          (ii) list the name and Social Security number of each employee whom the labor dispute affects.

    (d) Exemption. -- If the Secretary finds that the character or type of employment makes application of this section to a class of employers unreasonably onerous or impractical, the Secretary by regulation may exempt the class from the requirements of this section.

    (e) Penalties. --

       (1) An employer that fails to submit a separation notice or report of wages under subsection (a) of this section is subject to a penalty of $ 15 for each notice unless the Secretary waives the penalty for cause.

       (2) An employer that submits a check or other negotiable instrument returned for insufficient funds in payment of any penalty under this subsection is subject to an additional penalty of $ 25.


HISTORY: An. Code 1957, art. 95A, § 12; 1991, ch. 8, § 2; ch. 356, § 2; 1992, ch. 145.