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 921-2.1 - Notice, generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General rule. Subject to the exceptions set forth elsewhere in this Part, no
				  employer may order a mass layoff, plant closing, relocation, or a covered
				  reduction in work hours covered by this rule unless, at least 90 calendar days
				  before such order takes effect, the employer provides notice in compliance with
				  the requirements set forth below. When all employees are not terminated on the
				  same date, the date of the first individual termination shall trigger the
				  90-day notice requirement. The first and each subsequent group of employees
				  earmarked for termination are entitled to a full 90 days' notice.
(b) Where an employer has sold all or part of
				  a business, the selling employer shall be responsible for providing notice for
				  any plant closing, mass layoff, relocation or a covered reduction in hours
				  connected with such sale to any affected employees in accordance with this
				  section, up to and including the effective date of the sale. After the
				  effective date of the sale of all or part of the employer's business, the
				  purchasing employer shall be responsible for providing notice to any affected
				  employees included in such sale for any plant closing, mass layoff, or a
				  covered reduction in hours. Any individual who is an employee of the selling
				  employer as of the effective date of the sale and who is included in such sale
				  shall be considered an employee of the purchasing employer immediately after
				  the effective date of this sale. A promise of employment by the purchasing
				  employer to an employee does not relieve the selling employer of the obligation
				  to provide notice. If the transfer of employees is a good faith condition of
				  the purchase agreement, and that condition is not upheld by the purchasing
				  employer, the purchasing employer is obligated to provide notice and the
				  selling employer is relieved of such obligation.
(c) Where a consolidation of all or part of a
				  business is accompanied by an employment loss, the original business entity is
				  responsible for providing required notice. If employees are employed at the
				  consolidated business for one day or more at the time notice would become due,
				  the new business entity is responsible for notice.
(d) Where a merger is accompanied by an
				  employment loss, the original business entity is responsible for providing
				  required notice. If employees are employed at the merged business for one day
				  or more at the time notice would become due, the new merged business entity is
				  responsible for notice; therefore, as of the date of the merger, the merged
				  entity is the employer for all employees who worked for the employers involved
				  in the merger.
(e) Scope of
				  employment action. In deciding whether notice is required the employer:
(1) Shall look ahead 30 days and behind 30
				  days to determine whether employment actions both taken and planned will, in
				  the aggregate, for any 30-day period, reach the minimum numbers for a plant
				  closing or a mass layoff and thus trigger the notice requirement;
(2) Shall look ahead 90 days and behind 90
				  days from the date of each employment action to determine whether actions
				  constituting employment losses within the meaning of this Part, both taken and
				  planned, each of which separately is not of sufficient size to trigger the
				  notice requirement will in the aggregate, for any 90-day period, reach the
				  minimum standards to trigger the notice requirement for a plant closing, mass
				  layoff, relocation, or covered reduction in work hours; and
(3) Shall not aggregate employees previously
				  given notice pursuant to the 30-day look ahead/look behind period with other
				  employees suffering employment losses during a given 90-day period in order to
				  require that notice be given to the employees who would not otherwise be
				  covered.