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 921-2.2 - Service of notice

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 921-2.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Notice shall be provided at least 90 days prior to separation using a reasonable and timely method of delivery designed to ensure its receipt. Acceptable forms of delivery include first class mail or personal delivery with optional signed receipt. If first class mail is used, notice must be postmarked at least 90 days prior to separation.

(b) Notice to the affected employees may also be served by:

(1) Insertion of the notice into envelopes containing pay or envelopes containing receipts for direct deposit of pay; or

(2) Electronic mail (e-mail). E-mail notification may be utilized only where all affected employees have regular access in the workplace to personal computers at which email may be received and viewed during work hours. If an employer elects to use electronic mail to provide notice to employees, the employer must be able to demonstrate that an e-mail notice was received by each affected employee. The employee e-mail addresses used to give notice must be addresses provided to the employees by the employer and used in the conduct of business. The e-mail notice must be identified as urgent. Where an e-mail notice to an individual employee is returned to sender as undeliverable, notice must be provided to the employee as expeditiously as possible, e.g., overnight delivery, hand delivery, inter-office mail, etc. In any circumstance in which delivery of notice takes more than five days, the employer must extend the period of notice given to the employee by the number of days which elapsed between the date notice was first attempted and the date on which notice was finally effectuated.

(c) All notices must be sent on official letterhead of the employer or via the employer's computer network and must be signed by an individual acting as the agent of the employer with authority to represent the employer in this regard. The employer's agent must have the authority to bind the employer and must attest to the truthfulness of all information provided in the notice.

(d) Notice must be provided to the following:

(1) Affected employees;

(2) Employee representatives;

(3) The Commissioner of Labor;

(4) The local board where the site of employment is located.
(i) Service upon the chief elected official of the unit of local government within which such closing or layoff is to occur as required under the federal Worker Adjustment and Retraining Notification Act does not constitute service on the local board unless such chief elected official is the local board contact listed on the department's website.

(5) The chief elected official of the unit or units of local government where the site of employment is located;

(6) The school district or districts where the site of employment is located;

(7) The locality that provide(s) police, firefighting, emergency medical or ambulance services, or other emergency services, to the locale where the site of employment is located. Where two or more villages, towns, cities, counties, or a combination therefore provide the above services, each locality that provides the services must be notified; and

(8) Any other individual or entity identified in the Act.

(e) Notice to the Commissioner of Labor must be provided electronically in the manner proscribed by the Commissioner of Labor identified on the department's website, or through an alternative method approved by the commissioner.

(f) Notice(s) to the local board(s) may be mailed to the board's contact listed on the department's website.

(g) Notice to affected employees is required to be given to employees who may reasonably be expected to experience an employment loss. This includes employees who will likely lose their jobs because of bumping rights, to the extent that such employees can be identified at the time notice is required to be given. If, at the time notice is required to be given, the employer cannot identify the employee who may reasonably be expected to experience an employment loss due to the elimination of a particular position, the employer must provide notice to the incumbent in that position.

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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