New York Codes, Rules and Regulations
Chapter XII - Division Of Employment And Training
Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements
Subpart 921-6 - Exceptions
Section 921-6.1 - Exceptions, generally

Current through Register Vol. 44, No. 51, December 21, 2022

The State WARN Act allows certain exceptions under which the 90-day notice period may be reduced. The employer bears the burden of proof to show that the requirements for an exception have been met, i.e., when the employer asserts a defense in mitigation or exemption from the requirements of the act or this Part, the employer must provide documentation in support of the claimed exception. In all circumstances set forth below, the employer must provide as much notice as possible in advance of the plant closing, mass layoff, relocation, or covered reduction in work hours to all required parties, and also include a statement of the reason for reducing the notice period and a factual explanation of the basis for claiming entitlement to such reduced notice period. The exceptions to the standard notice required under the act and this Part include those set forth in sections 921-6.2 through 921-6.5 of this Part.

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