Thursday, January 15, 2009

The WARN Act Is Coming, The WARN Act Is Coming!

Effective February 1, 2009, the New York State Worker Adjustment and Retraining Notification Act (the "WARN Act"), will require New York employers to provide 90 days’ notice prior to a plant closing, mass layoff or relocation. The Notice must be provided to affected employees and their representative (i.e., a union), the New York Department of Labor, and the local workforce investment board at least 90 days before the event. The State WARN Act applies to private employers with 50 or more workers (in some cases excluding part-time employees) who layoff at least 25 employees. Violations are enforceable by the Commissioner of Labor and are subject to civil penalties in a maxiumum amount of $500 for each day of the violation and back wages. The new law will be codified as Labor Law Article 25-A, Section 860, et seq.

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