AMENDMENTS TO THE NEW YORK WARN ACT ARE NOW IN EFFECT

Amendments to the New York State Worker Adjustment and Retraining Notification Act (NY WARN Act) that the New York State Department of Labor (NYSDOL) adopted in June 2023 are now in effect. Among other things, the amended regulations…

• Count remote workers as being employed at the site of employment where they are "based"

• Revise the content of a WARN notice and to whom it must be provided

• Address who is responsible for providing notice when a business is sold

• Clarify that the faltering business exception applies only to plant closings, not to mass layoffs

• Provide additional examples of situations that will satisfy the unforeseeable business circumstance exception, including pandemics 

• Require employers to submit detailed information and documentation to the NYSDOL in advance to request a determination as to whether one of the exceptions to the New York WARN Act applies to a particular situation 

NEW YORK WARN ACT BASICS:

Under the New York WARN Act, employers with 50 or more full-time employees at a single site of employment in New York State are required to provide employees with ninety (90) days’ advance notice before a "mass-layoff" or "plant closing," as defined in the New York WARN Act.

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007