New York State (NYS) and New York City (NYC) have been characteristically busy – enacting, amending and clarifying employment legislation.[1] This blog post discusses two significant changes: (1) amendments to the New York State WARN Act (NY WARN) regulations, which impacts New York employers state-wide, and (2) agency guidance clarifying employers’ compliance obligations with respect to NYC Local Law 144, which is NYC’s new AI bias law.

NY WARN Act Regulations Amended

In late March 2023, the New York State Department of Labor (DOL) released proposed amendments to its NY WARN regulations. Earlier that month, a bill which would significantly expand[2] the scope of NY WARN was introduced in the New York Senate. While the bill is currently still with the Labor Committee, amendments to the NY WARN regulations took effect on June 21, 2023, and include the following noteworthy changes:

• Employer Coverage: NY WARN applies to private sector employers who employ at least 50 full-time employees located in NYS, whereas federal WARN applies to employers with at least 100 full-time employees. As amended, the NY WARN regulations now specify that “individuals who work remotely but are based at the employment site” are counted in determining whether an employer meets the minimum 50-employee threshold. This amendment recognizes the post-COVID reality that many employees continue to work remotely.
• Notice to DOL Commissioner – Method: Notice to the DOL Commissioner must now be “provided...

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