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Volume XII, Number 274

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New York WARN Act Amendment Adds Government Entities Employers Must Notify

An amendment to the New York State Worker Adjustment and Retraining (NYS WARN) Act adds certain governmental entities to the list of individuals and entities that must receive advance notice of a WARN-triggering event. The amendment is effective immediately.

The NYS WARN Act requires covered businesses to provide 90 days of advance written notice of plant closures and mass layoffs to all affected workers, any employee representative(s) of the affected workers, the state Commissioner of Labor, and the Local Workforce Investment Board. The amendment adds the following entities to that list:

  • The chief elected official of the unit or units of local government and the school district or districts in which the mass layoff, relocation or employment loss will occur; and
  • Each locality which provides police, firefighting, emergency medical or ambulance services or other emergency services to the site of employment subject to the mass layoff, relocation, or employment loss, as applicable.

The NYS WARN Act has very specific requirements for the contents of the various required notices, and the Department of Labor has yet to issue guidance on the contents of the NYS WARN Act notices to the new notice recipients.

Jackson Lewis P.C. © 2022National Law Review, Volume X, Number 319
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About this Author

Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Michael Jakowsky Attorney Employment Litigation Jackson Lewis
Principal

Michael Jakowsky is a Principal in the New York City, New York, office of Jackson Lewis P.C. His practice focuses on employment litigation as well as advising clients on a variety of workplace issues, including wage and hour and reductions in force.

Mr. Jakowsky regularly counsels clients on a wide range of issues across many different practice areas involving federal, state, and local employment laws, including the FMLA, FLSA, WARN, state/local wage hour, and related requirements.

Mr. Jakowsky also assists clients in numerous industries with...

212-545-4086
Penny Ann Lieberman, Jackson Lewis, complex restructuring attorney, reductions in force lawyer
Principal

Penny Ann Lieberman is a Principal in the White Plains, New York, office of Jackson Lewis P.C. Since joining the firm in 1988, she has devoted her time to representing and advising management in the for profit and not-for-profit sectors in a wide variety of employment matters with an emphasis on complex reductions-in-force, restructuring and corporate transactions, wage and hour and independent contractors.

Ms. Lieberman uses an interdisciplinary approach to providing advice and counsel on the cutting edge of the reduction-...

914-872-6887
Isaac J. Burker Attorney Class Action Jackson Lewis
Associate

Isaac J. Burker is an Associate in the White Plains, New York, office of Jackson Lewis P.C. His practice includes the representation of management in state and federal court and before administrative agencies including the New York State Division of Human Rights, the U.S. Equal Employment Opportunity Commission, and various divisions of the Department of Labor.  Mr. Burker also regularly counsels clients on a variety of workplace issues such as reductions in force, worker misclassification, and wage and hour issues. 

914-872-6870
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