Labor & Employment Law

Clarifications Issued to NY WARN Act

I recently reported that New York State became one of several other states to enact its own mini-Warn Law.  In summary, the New York State Workers Adjustment and Retraining Notification (WARN) Act requires the following:

• Employers must provide 90 days’ notice prior to a plant closing, mass layoff or relocation occurring on or after February 1, 2009.
• Notice must be provided to affected employees and their representatives, the New York Department of Labor and the local workforce investment board at least 90 days before the event.
• For employers planning layoffs shortly after the new law takes effect, notice would have to be provided prior to the law’s effective date to meet the 90-day requirement.
• The state WARN Act applies to private employers with 50 or more workers who layoff at least 25 employees.

Many who have reviewed the statute would argue that from a drafting perspective, it leaves a great deal to be desired!  Thus, in order to clarify a whole host of ambiguities and inconsistencies the New York State Department of Labor issued an emergency rule, opened a comment period and is slated to issue regulations under the new statute.

Here is a link to the actual statute that confused many of us:

New York WARN Act Statute

Here are a few helpful links providing some clarification:

New York State Department of Labor "WARN" Page

New York WARN Act Regulations

Summary of Proposed Rule

Full post as published by Strategic HR Lawyer on February 18, 2009 (boomark / email).