New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter XII - Division Of Employment And Training
Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements
Subpart 921-2 - Notice
Section 921-2.1 - Notice, generally

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 921-2.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) General rule. Subject to the exceptions set forth elsewhere in this Part, no employer may order a mass layoff, plant closing, relocation, or a covered reduction in work hours covered by this rule unless, at least 90 calendar days before such order takes effect, the employer provides notice in compliance with the requirements set forth below. When all employees are not terminated on the same date, the date of the first individual termination shall trigger the 90-day notice requirement. The first and each subsequent group of employees earmarked for termination are entitled to a full 90 days' notice.

(b) Where an employer has sold all or part of a business, the selling employer shall be responsible for providing notice for any plant closing, mass layoff, relocation or a covered reduction in hours connected with such sale to any affected employees in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of all or part of the employer's business, the purchasing employer shall be responsible for providing notice to any affected employees included in such sale for any plant closing, mass layoff, or a covered reduction in hours. Any individual who is an employee of the selling employer as of the effective date of the sale and who is included in such sale shall be considered an employee of the purchasing employer immediately after the effective date of this sale. A promise of employment by the purchasing employer to an employee does not relieve the selling employer of the obligation to provide notice. If the transfer of employees is a good faith condition of the purchase agreement, and that condition is not upheld by the purchasing employer, the purchasing employer is obligated to provide notice and the selling employer is relieved of such obligation.

(c) Where a consolidation of all or part of a business is accompanied by an employment loss, the original business entity is responsible for providing required notice. If employees are employed at the consolidated business for one day or more at the time notice would become due, the new business entity is responsible for notice.

(d) Where a merger is accompanied by an employment loss, the original business entity is responsible for providing required notice. If employees are employed at the merged business for one day or more at the time notice would become due, the new merged business entity is responsible for notice; therefore, as of the date of the merger, the merged entity is the employer for all employees who worked for the employers involved in the merger.

(e) Scope of employment action. In deciding whether notice is required the employer:

(1) Shall look ahead 30 days and behind 30 days to determine whether employment actions both taken and planned will, in the aggregate, for any 30-day period, reach the minimum numbers for a plant closing or a mass layoff and thus trigger the notice requirement;

(2) Shall look ahead 90 days and behind 90 days from the date of each employment action to determine whether actions constituting employment losses within the meaning of this Part, both taken and planned, each of which separately is not of sufficient size to trigger the notice requirement will in the aggregate, for any 90-day period, reach the minimum standards to trigger the notice requirement for a plant closing, mass layoff, relocation, or covered reduction in work hours; and

(3) Shall not aggregate employees previously given notice pursuant to the 30-day look ahead/look behind period with other employees suffering employment losses during a given 90-day period in order to require that notice be given to the employees who would not otherwise be covered.

(f) Notice must be specific.

(1) The information in the notice shall be based on the best information available to the employer at the time the notice is served.

(2) Where voluntary notice which does not contain all the required elements set forth in this Rule has been given more than 90 days in advance to any party for whom notice is required, the employer must ensure that all of the information required by the Act and this Part is provided at least 90 days in advance of the plant closing, mass layoff, relocation, or covered reduction in work hours.

(3) Notice may be given conditional upon the occurrence or non-occurrence of an event only when the event is definite and the consequences of its occurrence or non-occurrence will necessarily, in the normal course of business, lead to a plant closing, mass layoff, relocation, or covered reduction in work hours. For example, if the non-renewal of a major contract will lead to the closing of a plant that produces the articles supplied under the contract 30 days after the contract expires, the employer may give notice at least 90 days in advance of the projected closing date which states that if the contract is not renewed, the plant closing will occur on the projected date.

(4) An employer eligible for a reduction in notice required under this Rule pursuant to the provisions of Subpart 921.6 shall include with its notice a statement of the reasons for reducing the notice provided and a factual explanation of the basis for claiming entitlement to such reduced notice period.

(g) Voluntary notice. An employer is encouraged to voluntarily provide notice of employment losses to employees and to the Commissioner of Labor even if such notice is not required under the Act or this Part.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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