518-373-4111
It’s not something employers or employees like to think about, but unfortunately some businesses need to conduct mass layoffs, relocate employees, or even shut down a facility. Should this situation arise, employers in New York need to be aware of the New York WARN Act.
Under the New York WARN law, employers who employ 50 or more full-time employees must give at least 90 days’ advance written notice before mass layoffs, relocations, and plant closings. The employer must provide notice if the mass layoff impacts 25 full-time employees who represent at least 33% of the workforce, or the plant closing results in 25 employees losing their positions over a 30-day period. Further, the employer must provide 90-day written notice in the event of an employer’s relocation of all or substantially all of its operations to a location at least fifty miles from the current location.
For notice to be adequate, it must be given to the affected employees and their labor representatives, the NY Commissioner of Labor, and local Workforce Investment Boards (WIB). Notice to each affected employee must include, among other things, the expected date of the first separation of employees and the date the individual employee will be separated, a statement as to whether the planned action is expected to be permanent or temporary, and whether bumping rights exist. Notice to the NY Commissioner of Labor must include, among other things, the name and address of the employment site where the employment loss will occur, a statement as to whether bumping rights exist, the expected date of the first separation of employees and the anticipated schedule of separations, and a statement as to whether the other notices required under NYS WARN were provided, including the date (and method of delivery) notices were sent, and a sample of the notice provided to employees and their representatives. As with the federal WARN law, the New York version is based on specific single sites of employment, but there are occasions where multiple work locations may constitute a single site of employment. However, there are many significant differences between the New York WARN statute and the federal statute.
Caution: Employers must comply with the federal WARN Act, which generally requires employers of 100 or more full-time employees to provide at least 60 days’ advance written notice regarding plant closings or mass layoffs to the affected employees’ representative or, if none, to the affected employees themselves. The Federal Act also requires that employers notify the state dislocated worker unit and the local government.
For more information on how GTM keeps its compliant with local, state, and federal laws, contact us at (518) 373-4111.
