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 921-6.6 - Timeliness

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 921-6.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) An employer cannot be eligible for a reduction or excusal of the notice requirement in the Act pursuant to any exception set forth in this Subpart without a determination by the commissioner that the employer established all elements of the claimed exception.

(b) Submitting request. The employer must present a request for consideration for eligibility for a claimed exception in addition to the required notice to be provided to the commissioner. The request shall be submitted within 10 business days of the required notice being provided to the commissioner, unless an extension of time is granted by the commissioner.

(c) Documentation. The commissioner shall require the employer to provide documentation demonstrating the applicability of an exception set forth in sections 921-6.2 through 921-6.5 of this Part. Such documentation may include but not be limited to the following:

(1) Faltering company and unforeseeable business circumstances.
(i) A written record consisting of documents relevant to the determination of whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable as specified by the department; and

(ii) An affidavit verifying the contents of the documents contained in the record. The affidavit shall contain a declaration signed under penalty of perjury by an individual authorized by the employer stating that the affidavit and the contents of the documents contained in the record submitted pursuant to this subdivision are true and correct.

(2) All other exceptions set forth in this Part.
(i) A statement setting forth the reason for the need to close the business, perform a mass layoff or reduce work hours;

(ii) A description for the basis for a total exemption from the notice requirement or a reduced period of notice;

(iii) Documents relevant to a determination of whether the employer is eligible to avail itself of any of the other exception listed in this Part or the Act; and

(iv) An affidavit as required above in this subsection.

(d) Determination by the commissioner. The commissioner will notify the employer of its determination upon completion of an investigation into the relevant facts and circumstances, including a review of the documentation provided by the employer in support of the requested eligibility for one of the exceptions listed in this Part or the Act. If the commissioner determines that the employer failed to establish the elements of any exception, the commissioner will continue the enforcement action for determining the employer's liability for violation of the Act.

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