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 921-6 - Exceptions
Section 921-6.3 - Unforseeable business circumstances
Current through Register Vol. 46, No. 39, September 25, 2024
To qualify for this exception, the employer shall establish that the plant closing, mass layoff, relocation or covered reduction in work hours was caused by business circumstances that were not reasonably foreseeable when the 90-day notice would have been required.
(a) A business circumstance that is not reasonably foreseeable may be established by the occurrence of some sudden, dramatic and unexpected action or condition outside the employer's control. Examples include a principal client's sudden and unexpected termination of a major contract with the employer, a strike at a major supplier of the employer, an unanticipated and dramatic major economic downturn, a public health emergency, including but not limited to a pandemic, that results in a sudden and unexpected closure, a terrorist attack directly affecting operations, or a government-ordered closing of an employment site that occurs without prior notice.
(b) The employer shall exercise commercially reasonable business judgement in determining whether a business circumstance is reasonably foreseeable.
