The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19 pandemic relating to employers’ provision of fewer than 90 days of notice, temporary layoffs, and rise of remote and hybrid work arrangements.
The updated Regulations also align the existing regulations with the 2020 amendments to the NYS WARN Act, include gender-neutral references, and clarify and expand certain NYS WARN notice contents.
An “employer” under NYS WARN is a business enterprise that employs at least 50 employees in New York.
The NYS WARN amendments add specific treatment of remote workers, providing that remote employees (other than part-time employees) who are “based at the employment site” must be counted in determining whether the business is covered as an “employer” under NYS WARN. The amendments do not require that the remote employee’s remote worksite (e.g., their home) be located in New York.
The amendments also distinguish between a “temporary layoff” and a “permanent layoff.” A “temporary layoff” is a mass layoff with a duration of less than a consecutive six-month period and a planned return of employees after the layoff period ends. A temporary layoff is not deemed to be subject to NYS WARN notice requirements. On the other hand, a “permanent layoff” is a mass layoff that extends beyond a...
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