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Department of Labor

Worker Adjustment and Retraining Notification

If your business is forced to close, you should provide required notices as soon as possible and identify the circumstances that required the closure. It is strongly encouraged that employers submit their WARN notices by email to [email protected].
Warn notices DO NOT need to be submitted to DOL from businesses that employ less than 50 full-time employees.

The New York State Worker Adjustment and Retraining (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to workers, employee representatives, the Department of Labor, and local workforce development boards. Advanced notice gives workers, their families, and communities time to transition, seek new employment, enter workforce training programs with assistance from the Department of Labor and local workforce development boards.

Many businesses are facing rapid and unexpected closures due to the coronavirus. If your business is forced to close, please provide notice a soon as possible and identify the circumstances that required the closure.

The WARN Act requirement to provide 90 days’ advanced notice has not been suspended because the WARN Act already recognizes that businesses cannot predict sudden and unexpected circumstances beyond an employer’s control, such as government-mandated closures, the loss of your workforce due to school closings, or other specific circumstances due to the coronavirus pandemic.

If an unexpected event caused your business to close, please provide as much information as possible to the Department of Labor when you file your notice about the circumstances of your closure so we can determine if an exception to the WARN Act applies to your situation.

General Information About the WARN Act

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires businesses to give early warning of closing and layoffs. Businesses must give notice to:

  • All affected employees
  • Any employee representative(s)
  • The New York State Department of Labor (DOL)
  • The Local Workforce Investment Board (LWIB)

Notice by employers to the Department of Labor should be mailed or emailed to:

Richard Grossi
New York State Department of Labor
Building 12, Room 425
State Office Campus
Albany, New York 12240

Email: [email protected]

It is strongly encouraged that employers submit their WARN notices by email to [email protected].
Warn notices DO NOT need to be submitted to DOL from businesses that employ less than 50 full-time employees.

Find your Local Workforce Investment Board contact information

The WARN Act applies to private businesses with 50 or more full time workers in New York State. It covers:

  • Closings affecting 25 or more workers
  • Mass layoffs involving 25 or more full-time workers (if the 25 or more workers make up at least 33% of all the workers at the site)
  • Mass layoffs involving 250 or more full-time workers
  • Certain other relocations and covered reductions in work hours

This means that covered businesses must provide all employees with notice 90 days prior to a:

  • Plant closing
  • Mass layoff
  • Relocation
  • Other covered reduction in work hours

Businesses that do not provide notice may be required to:

  • Pay back wages and benefits to workers
  • Pay a civil penalty

Early warning gives the DOL and the LWIB the chance to work with the business early on and provide employees with information about:

  • Unemployment Insurance (UI)
  • Workforce Programs
  • Resources designed to get employees back to work quickly

Early warning also benefits the business. It can shorten the time that workers are on UI. It therefore may lower the UI charges associated with the layoff or closing.

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