On June 21, 2023, the New York Department of Labor ("DOL") adopted amendments to the New York State Worker Adjustment and Retraining Notification Act (the "Act") regulations to "address the post-pandemic employment climate." Among other things, the changes to the Act will now:

• Include remote workers as working at the "single site of employment" where they are "based" for purposes of calculating whether advance WARN notice is required;
• Amend a company's notification requirements when there is a sale of a business;
• Add a framework for an employer to seek approval from the DOL Commissioner as to whether one of the Act's exceptions applies to excuse advance notice.
  
  

As employers may be aware, any time they conduct a layoff, they need to be mindful of considerations under both the federal WARN Act and any applicable state WARN Acts. There are situations where a state's WARN Act is triggered without the federal WARN Act being triggered.

Single Site of Employment

New York employers are required to give 90 days' advance notice to impacted employees and various government officials before conducting a mass layoff or plant closing. Previously, the Act required private businesses with 50 or more full-time employees at a single site of employment in New York State to give the 90 days' advance notice if the company intended to conduct a mass layoff, meaning a layoff of either (1) 25 or more full-time employees constituting at least 33 percent of all employees at the site or (2) at...

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