Want to learn more about the New York State Worker Adjustment and Retraining Notification (WARN) Act? Read on for definitions, triggers, exceptions, and notice requirements, providing crucial insights for employers navigating layoffs and plant closures.
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The Worker Adjustment and Retraining Notification (WARN) Act in New York is a vital law that protects employees during layoffs or plant closures. The federal WARN Act sets rules for employers nationwide. Some states, like New York, California, and Illinois have their own specific requirements. Employers need to understand New York’s WARN Act, as it has unique rules that differ from the federal guidelines. This segment explores why the New York WARN Act is essential for employers, highlighting its role within state and federal employment regulations.
The law mandates employers to provide employees with a WARN notice letter before layoffs and plant shutdowns. How far in advance though? The time frame given in New York law differs from the notice period mandated in federal law. Read on for all details.
Compliance with the Worker Adjustment and Retraining Notification (WARN) Act in New York involves understanding specific obligations applicable to employers in the state. Unlike the federal WARN Act, New York has its own set of requirements that shape how employers must handle layoffs and plant closures.
The New York WARN Act applies to organizations with 50 or more employees. This threshold is lower than the federal requirement, encompassing a broader range of employers.
New York mandates compliance if an organization lays off over 25 employees within a 30-day period due to a plant closing. This number is lower than the federal requirement, aiming to provide enhanced protection for employees.
For mass layoffs, New York requires compliance of more than 25% of employees, with a minimum of 25 full-time employees (or more than 250 employees), are laid off within a 30-day period.
Employers covered by the New York WARN Act must provide a 90-day notice period to affected employees. This is an extension from the federal requirement of 60 days, providing additional time for employees to prepare for impending changes.
Unlike the federal WARN Act, New York requires notice for any relocation that removes substantial operations to a location over 50 miles away. This notice must be provided to employees, employee representatives, the New York Department of Labor, and local Workforce Investment boards.
Navigating these specific requirements is essential for employers in New York to ensure compliance with the state’s WARN Act. Understanding these nuances is crucial for fostering a fair and transparent work environment during times of significant workforce changes.
Businesses with less than 50 employees DO NOT have to submit a WARN notice. This law only applies to businesses with more than 50 employees.
The New York Worker Adjustment and Retraining Notification (WARN) Act has distinct triggers for employers:
1. Minimum Employees: Applies to organizations with 50+ employees.
2. Plant Closing Layoffs: Mandates compliance if over 25 employees are laid off within 30 days due to a plant closing.
3. Mass Layoff Thresholds: Triggers compliance if over 25% of employees (min. 25 full-time or 250 employees) are laid off within 30 days.
4. Extended Notice Period: Requires a 90-day notice period, exceeding the federal 60-day requirement.
5. Relocation Notice: Instructs notice for relocations removing substantial operations over 50 miles away.
These triggers prioritize transparency and protection for employees during workforce adjustments under the New York WARN Act, and understanding them is essential if employers want to ensure timely notice.
Staying compliant starts with understanding these definitions that shape the New York WARN Act:
Familiarize yourself with the specific language used in the legislation, and always research requirements through official sources or seek legal counsel if you’re unsure on how to stay compliant.
The New York Worker Adjustment and Retraining Notification (WARN) Act, designed to safeguard employees during workforce changes, has specific exceptions:
1. Natural Disasters and Calamities: No WARN Act obligations in cases of layoffs, relocations, or plant closures due to natural disasters or acts of war.
2. Project or Undertaking Completion: Exemptions apply when closures or layoffs result from completing specific projects, especially in industries like Motion Pictures, Construction, Drilling, Logging, and Mining.
3. Seasonal Employment: Notice requirements are waived for employees in seasonal roles, where employment is explicitly temporary.
4. Capital or Business Pursuit: An exception exists when employers actively seek capital or business, with potential waiver of notice requirements to obtain funding or contracts. This exception excludes mass layoffs as defined in the New York Labor Code.
Employers should keep these in mind during unique circumstances to adhere to the New York WARN Act and foster a fair work environment.
As mandated by federal and New York law, employers must give employees a notice letter 90 days before mass layoffs. What should a notice letter include?
According to New York law, a WARN notice letter must include the following:
Important: The notice must be in writing. Verbal announcements and notices in pay statements don’t meet the 90-day requirement.
Effective June 2023, amendments to the NY WARN Act are in place.
The changes include:
This guide covers the key aspects of the New York WARN Act, from requirements and triggers to exceptions and notice procedures.
The New York State WARN Act introduces notable divergences from the federal regulations, establishing more stringent guidelines in five crucial areas. These variations significantly impact how employers navigate the complexities of layoffs and plant closures within the state.
Similarly to California, New York also has a Shared Work Program.
HR managers have a significant job to do when it comes to implementing the mandates of the WARN Act. However, it is crucial that they do so, as compliance ensures a fair and transparent process during significant workforce changes. By protecting the rights of employees, HR professionals can contribute to a positive workplace culture and maintain compliance with federal and state regulations.
Once employees have been notified of upcoming layoffs, the next big task is beginning the employee offboarding process.
Factorial simplifies the offboarding process, streamlining tasks and ensuring a smooth transition for departing employees. With Factorial, you can efficiently manage exit procedures, such as collecting company assets, updating access permissions, and conducting exit interviews. Offboarding software simplifies the entire process from start to finish.
1. Clear Communication: Easily communicate departure details to the departing employee, including the last day of work, return of company property, and other essential information.
2. Task Automation: Automate offboarding tasks, such as revoking system access, updating records, and notifying relevant departments, saving time and minimizing the risk of oversight.
3. Documentation and Compliance: Ensure compliance by generating necessary documentation, such as termination letters and exit surveys, helping you maintain a comprehensive record of the offboarding process.
4. Access Control: Centralize access control management, making it simple to revoke access to company systems and confidential information, safeguarding your organization’s data.
By utilizing Factorial for offboarding, HR managers can enhance efficiency, maintain compliance, and provide a positive experience for departing employees.
Did you like this article? Benjamin McBrayer has been a Content Writer for 5 years. He specializes in HR strategy and workplace trends. Check out Factorial's blog for more of his posts on time management in the office, productivity, and HR news.
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