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New York WARN Act

What is the New York WARN Act?

The New York Worker Adjustment and Retraining Notification Act (New York WARN Act) protects workers in the event of a covered plant closing, transfer, or mass layoff by requiring employers to provide 90 days advance notice to affected employees. The New York WARN Act expands on the requirements of the Federal WARN Act. Other states have their own WARN Acts, such as the California WARN Act, Illinois WARN Act, and New Jersey WARN Act.

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What are my rights under the New York WARN Act?

The New York WARN Act differs the Federal WARN Act in several important ways. For example:

  • The New York WARN Act applies to businesses with 50 or more employees, while the Federal WARN Act generally applies to businesses with 100 or more employees.
     
  • The New York WARN Act requires employeers to give 90 days notice, while the Federal WARN Act requires 60 days notice.
     
  • Under the New York WARN Act, a "mass layoff" must result in the employment loss of at least 25 full-time employees, compared to a minimum of 50 full-time employees under the Federal WARN Act.

Laid off without proper notice?

Think your former employer violated the New York WARN Act or other employment laws? Free and confidential consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.

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WARN Act Tips for Employees
  1. In addition to mass layoffs that all occur on the same day, gradual layoffs that take place over time may also violate the WARN Act. If you have been laid off as part of a structured reduction in the workforce without 60 days of notice as required by the WARN Act,  you may be entitled to unpaid wages and benefits. 
  2. A layoff does not have to be permenent to violate the WARN Act. Work furloughs of more thn six months and heavy reductions in your work hours for extended periods of time can also violate the WARN Act and entitle you to compensation. 
  3. Employees who are laid off that are entitles to severance pay under the company's severance pay policy may be able to recover 60 days of WARN Act pay and benefits in addition to their severance pay. 
  4. Some states, such as California, New York, and New Jersey, also have their own WARN Acts. States that have their own WARN Acts can provide greater employee prtections and can subject employers to additional penalties. If you and others at your company have been laid off, be sure to speak to a WARN lawyer promptly about your state and federal WARN Act rights. 
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