WARN Information and RegulationsNew York WARN Act Effective February 1, 2009 The New York State Workers Adjustment and Retraining Notification (WARN) Act is designed to give employees, their representatives, the Department of Labor, and the local Workforce Investment Board early warning of business closings and layoffs. The law requires employers to provide 90 days’ notice prior to a plant closing, mass layoff, relocation, or other covered reduction in work hours occurring on or after February 1, 2009. This early warning is intended to give the Department and the local Workforce Investment Board an opportunity - prior to the layoff or business closing - to work with the employer to give the affected employees information about unemployment insurance as well as workforce programs and resources designed to return them to work quickly after their job loss. By shortening workers’ time on unemployment insurance through an early return to work, the early warning also benefits the employer by lowering unemployment insurance charges associated with the layoff or closing.
The state WARN Act generally applies to private employers with 50 or more workers in New York State. The law covers business closings affecting 25 or more employees; mass layoffs involving 25 or more employees (if the 25 or more employees comprise at least 33% of all the employees at the work site); mass layoffs involving 250 employees (regardless of what percentage of the workforce is involved); and certain other relocations and covered reductions in work hours. Part-time employees are not included for purposes of deciding whether notice is required; however, once notice is required, part-time employees who will be affected by the employer’s action are entitled to receive the notice.
Employers who violate the law by not providing the required notice may be required to pay back wages and benefits to employees and a civil penalty to the Commissioner of Labor.
The Department of Labor has enacted regulations that more fully explain and clarify the requirements of the WARN Act. To read the law, click here. To read the regulations governing the WARN program, click here.
Notice to the Department of Labor should be mailed to: Richard Grossi
For a listing of WARN notices received by the Department, click here. Notice to the Local Workforce Investment Board can be mailed to:
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