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 921-4 - Transfers
Section 921-4.1 - Transfers

Universal Citation: 12 NY Comp Codes Rules and Regs § 921-4.1

Current through Register Vol. 47, No. 12, March 26, 2025

(a) Notice is not required when:

(1) An employer offers to transfer an employee to a different site of employment within a reasonable commuting distance with no more than a six-month break in employment, regardless of whether the employee accepts such employment; or

(2) An employer offers to transfer the employee to any other site of employment regardless of distance with no more than a six-month break in employment and the employee accepts within 30 days of the offer or of the closing or layoff, whichever is later.

(b) An offer of reassignment to a different site of employment shall not be deemed to be an offer of transfer if the new job otherwise constitutes a constructive discharge.

(c) For purposes of this Part, reasonable commuting distance is the distance an individual could be reasonably expected to commute to their job and is determined solely for purposes of transfers. Reasonable commuting distance will vary with local conditions with consideration given to the geographic accessibility of the place of work, the quality of the roads, customarily available transportation, and the usual travel time, provided however, in no event shall such distance exceed that which can be reasonably traveled in one and one-half hours when the site of employment is being moved to a location within the City of New York or on Long Island, or one hour when the site of employment is being moved to any other location in the state.

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