At the end of June 2023, the New York Department of Labor (DOL) issued final amended regulations to the state’s Worker Adjustment and Retraining Notification (NY WARN) Act. The amendments, which are now effective, impose significant new requirements on employers conducting mass layoffs.
Similar to, but more expansive than, its federal counterpart, NY WARN requires certain New York businesses to provide at least 90 days’ notice of employment loss to affected employees (and other government entities) in the case of plant closings, mass layoffs, relocation, and certain reductions in work hours. According to the DOL, the amendments “address the post-pandemic employment climate,” and “simplif[y] language to ensure businesses better understand their obligations.” We’ve outlined the key updates below.
The most significant change of the regulations is the new process by which employers seek an exception from the 90-day notice period requirement. Under this new process, an employer seeking an exception must submit certain required documentation demonstrating eligibility for the exception to the state’s labor commissioner, who will then decide whether an exception is warranted. The required documentation – which must be submitted within 10 business days of the notice being provided to the commissioner – includes, among other things:
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