Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.

Employer Coverage

Under the amended regulations, the definition of a covered employer is expanded to count not just employees at a single site of employment in the state, but also employees who work remotely but are “based at the employment site.”

New Notice Content Requirements

On top of NY WARN’s already long list of notice content requirements, the amended regulations add that the notice to the New York Commissioner of Labor must include:

1. business addresses and email addresses for the employer’s and employees’ agents;
2. the personal telephone numbers, personal email addresses (if known), work locations, part-time/full-time status, method of payment (i.e., hourly, salary, or commission basis), and union affiliation for each affected employee;
3. the total number of full-time employees in New York State and at each affected site, as well as the number of affected employees at each affected site; and
4. the total number of part-time employees in New York State and at each affected site, as well as the number of affected employees at each affected site.

Notice to affected employees must now also include relevant information known at the time of the notice, such as information on severance packages or financial incentives if the...

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