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Labor & Employment Law

: New York Public Personnel Law

New York?s WARN statute took effect Feb. 1, 2009

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New York?s WARN statute took effect Feb. 1, 2009
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

The New York State Workers Adjustment and Retraining Notification (WARN) Act, S. 812, took effect on February 1. This statute affords greater protections to employees than its federal counterpart. Specifically, it requires employers to provide 90 days' notice prior to a plant closing, mass layoff or relocation occurring on or after the effective date. Notice must be provided to affected employees and their representatives, the state department of labor, and local workforce investment boards at least 90 days before the event. Violations are enforceable by the commissioner of labor and are subject to civil penalties and back wages.

The federal statute only requires 60 days of plant closing notice.

Mitchell H. Rubinstein

NYPPL Comment: Chapter 475 of the Laws of 2008 added "WARN" as a new Article, Article 25-a, to New York State's Labor Law. Subdivision 3 of §860-a, set out in Article 25-A, excludes the federal government and the state government, and any of their political subdivisions, including any unit of local government and any school district, from the definition of ?employer? for the purposes of the Article 25-A.

Full post as published by New York Public Personnel Law on February 16, 2009 (boomark / email).