New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XII - Division Of Employment And Training › Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements › Subpart 921-2 - Notice › Section 921-2.3 - Contents of notice

Current through Register Vol. 46, No. 28, July 10, 2024
Notice required under this Part sent to the recipients
					 identified below shall be provided for each site of employment where a plant
					 closing, mass layoff, relocation or covered reduction in work hours will occur.
					 Notice to an affected employee is to be provided in a language understandable
					 to the employee. As used in this Subpart, the term expected date of the first
					 separation refers to a specific date or to a 14-day period during which a
					 planned separation is expected to occur. If separations are planned according
					 to a schedule, the schedule shall indicate the separation date or the beginning
					 date of each 14-day period during which any separations are expected to occur.
					 Where a 14-day period is used, notice must be given at least 90 days in advance
					 of the first day of the period. Notice required under this Part shall include
					 the following elements:
(a) Notice to
				  the Commissioner of Labor:
(1) The complete
				  legal business name, and any business names used in the operation of the
				  business, and address of the employment site(s) where the plant closing, mass
				  layoff, relocation or covered reduction in work hours will occur;
(2) The name, business address and telephone
				  number, and email address(es) of the agent of the employer to contact for
				  further information;
(3) The name,
				  business address and telephone number, and email address(es) of an employee
				  representative to contact for further information, including the name of each
				  employee representative of such affected employees, and the name, business
				  address, telephone number, and email address of the chief elected officer of
				  such employee representative;
(4)
				  The name, business address and telephone number, and email address(es) of the
				  employer's liaison with the department for purposes of providing rapid response
				  services to affected employees;
(5)
				  The name, address (including home address), personal telephone number(s),
				  personal email address(es) (if known), job title, and work locations of each
				  employee to be laid off. For each employee, notice must also identify whether
				  the employee is paid on an hourly, salary, or commission basis, whether the
				  employee is part-time or full-time, and any affiliation to an employee
				  representative.
(6) The expected
				  date of the first separation of each employee and the anticipated schedule of
				  any additional separations;
(7) A
				  statement as to whether bumping rights exist;
(8) A statement as to whether the planned
				  action is expected to be permanent or temporary, and whether the entire plant
				  is to be closed. If the planned action is expected to affect identifiable units
				  of employees differently, e.g. should the employer expect a layoff of one unit
				  to be temporary and the layoff of another unit to be permanent, the notice
				  shall so indicate;
(9) A statement
				  as to whether the other notices required under the Act and this Part have been
				  given, including the date notices were sent;
(10) A statement as to the means of delivery
				  utilized to deliver notice to affected employees;
(11) A sample of the notice provided to
				  employees and to the employee representative(s);
(12) The total number of full-time employees
				  in New York State and at each affected site, as well as the number affected
				  employees at each affected site;
(13) The total number of part-time employees
				  in New York State and at each affected site, as well as the number affected
				  employees at each affected site; and
(14) Any additional information required by
				  the commissioner.