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 921-5 - Temporary Or Seasonal Employment
Section 921-5.1 - Temporary employment
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Notice is not required if the closing or layoff results from the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the project or undertaking.
(b) The employer must demonstrate that it informed each employee at the time of hire that the job was temporary. For purposes of this Part, "at will" employment is not "temporary" employment and providing notification to employees, at the time of hire or otherwise, that their employment is at will and subject to termination at any time by the employer shall not constitute notice that employment is of limited duration.
(c) Employment in an industry that traditionally hires temporary employees does not, in and of itself, make an employee temporary if the employee was hired to perform a variety of jobs and tasks continuously through most of the calendar year. Giving written notice that a project is temporary with the intent of converting permanent employment into temporary work so as to avoid the requirement of notice shall be a violation of the Act and this Part.
