WARN Notices - WKDEV

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WARN Notices

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WARN Notices


WARN Notices

We strongly encourage all businesses that submit a WARN Notice to do so via email at the following address: WARN@recovery.nyc.gov

Businesses with questions about WARN Notices should visit the New York State Department of Labor's website, which contains a complete set of information about when a WARN Notice is required and what information needs to be included in it.

Under the New York State Worker Adjustment and Retraining Notification Act ("NYS WARN"), private employers with 50 or more full-time employees in New York State must provide at least 90 calendar days advance written notice for the following events.

Plant Closing: occurs when an "employment loss" for 25 or more full-time employees during a 30-day period due to permanent or temporary shutdown;

Mass Layoff: occurs when, over a 30-day period, a reduction-in-force results in an "employment loss" of more than six months for: (a) at least 25 full-time employees who represent at least 33% of all employees at the site; or (b) at least 250 full-time employees;

Relocation: occurs when "all or substantially all" operations are relocated to a location at least 50 miles from the current location where 25 or more full-time employees suffer an "employment loss"; and

Other covered reductions in work hours.

Under certain circumstances, it is possible to have one or more locations constitute a single site of employment to determine whether the NYS WARN Act’s notice requirements will be triggered. Additionally, employment losses will be aggregated over a rolling 90-day period.
Moreover, certain transfer offers, depending on the location to which the employer offers the transfer and the timing of the offer and the acceptance, may not be considered "employment losses." Terminations for "cause" or voluntary resignations are not "employment losses."
NYS WARN requires the employer to provide notice to the affected employees and their labor representatives, the NYS Department of Labor Commissioner, and the applicable local Workforce Development Board.
Notice by covered employers to the NYC Workforce Development Board should be mailed to:
NYC Workforce Development Board
c/o Reynold Graham, WDB Coordinator
NYC Office of Workforce Development
253 Broadway, 8th Floor
New York, NY 10007
Given the complexities of NYS WARN requirements, employers should review specific scenarios with the assistance of counsel.
For employees who have experienced an employment loss, please see the following resources:
Unemployment Insurance - temporary income for eligible workers who lose their jobs through no fault of their own.
Workforce1 One Career Centers - prepare and connect qualified candidates to job opportunities in New York City.
Rapid Response - conducts sessions where employees can learn about unemployment benefits, job search aid, and training opportunities.

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