December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
as the Unemployment Compensation Law.
(c) Qualification for notification.--In determining whether
a transfer of operations, termination of operations or mass
layoff is subject to the notification requirements of this
section, any terminations of employment for two or more groups
at a single establishment occurring within any 90-day period
when each group has less than the number of terminations that
would trigger the notification requirements of this section but
the aggregate for all of the groups exceeds that number shall be
regarded as subject to the notification requirements, unless the
employer demonstrates that the cause of the terminations for
each group is separate and distinct from the causes of the
terminations for the other group or groups.
(d) Approval of waiver.--A waiver of the right to severance
provided under subsection (b) shall not be effective without
approval of the waiver by the department or a court of competent
jurisdiction.
Section 4. Change of control.
(a) Retention of employees.--
(1) Except as otherwise provided in this section, a
successor employer shall retain all covered employees for at
least the transition period following a change of control,
unless the department approves a reduction in the workforce
under subsection (e). During the transition period, the
successor employer may not terminate a covered employee
without cause and may not reduce the total compensation of a
covered employee.
(2) A successor employer and a labor organization
representing covered employees may, in a collective
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