§ 860-e. Determinations with respect to employment loss. In
determining whether a plant closing or mass layoff has occurred or will
occur, employment losses for two or more groups of employees at a single
site of employment, each of which is less than the minimum number of
employees specified in subdivisions four or six of section eight hundred
sixty-a of this article but which in the aggregate meet or exceed that
minimum number set forth in such subdivisions, and which occur within
any ninety-day period shall be considered to be a plant closing or mass
layoff unless the employer demonstrates that the employment losses are
the result of separate and distinct actions and causes and are not an
attempt by the employer to evade the requirements of this article.