NYS Amends Mini-WARN Act

Employers planning for certain mass layoffs, relocations, plant closings or other covered employment losses have long needed to be mindful of the federal and state Worker Adjustment and Retraining Notification (“WARN”) Acts.  Though complex, in brief, these statutes impose specific and detailed notification requirements on covered employers well in advance of any covered employment loss.  Last week, New York State amended its WARN notification requirements. 

Effective immediately, employers planning a qualifying mass layoff, relocation, or other employment loss must provide at least 90 days’ advance notice to: (1) affected employees and their representatives; (2) the New York State Department of Labor; (3) the local workforce investment board(s); (4) the chief elected official of the unit(s) of local government and the school district(s) in which the covered action will occur; and (5) each locality which provides police, firefighting, emergency medical or ambulance services, or other emergency services to the employment site subject to the action. As notification to the individuals/entities in numbers 4 and 5 are newly added requirements, it is not clear at this point how granular this notice must be in terms of which governmental units receive notice, though it would likely require multiple notices at the city and county level, as well as to the applicable school districts and emergency service providers. Importantly, the amendments do not specify what information must be contained in these new notices, though the federal WARN Act does provide some guidance as to the potential content for the notices to local government officials.

Whether an employer’s planned employment action is covered by federal or state WARN is often a complicated question that focuses on issues of timing, location, size of the employer, and number of impacted employees (to name but a few of the factors). Employers who have questions about whether their employment decisions would impact WARN, and how to effectuate proper notice under the revised New York State legislation, should contact Kristina Grimshaw at kgrimshaw@fglawllc.com, or any attorney at the Firm.

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