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 921-7 - Enforcement By The Commissioner Of Labor
Section 921-7.2 - Civil penalty

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

(a) An employer who fails to give notice as required by the act and this Part is subject to a civil penalty of not more than $500 for each day of the employer's violation, which shall be imposed in the aggregate and not individually for each affected employee or other party that failed to receive notice. The employer is not subject to a civil penalty under the act or this Part if the employer pays each affected employee the total amount for which the employer is liable under the act and this Part, including back pay and all fringe benefits, within three weeks from the employee's date of layoff, as defined in section 921-1.1(c) of this Part, due to a plant closing, mass layoff, relocation, or covered reduction of work hours. Paying employees their regular wages and benefits over the period of the violation (that exceeds three weeks) does not exempt the employer from the civil penalty. Employers making such payments shall include with the final payment of wages or through some other form of notice provided at the time such payment is made, the following notice:

"You are hereby notified that, as a result of your employment loss, you may be eligible to receive job retraining, re-employment services, or other assistance with obtaining new employment from the New York State Department of Labor or its workforce partners. You may also be eligible for unemployment insurance benefits after your last day of employment. You can access reemployment information and apply for unemployment insurance benefits on the Department's website, and you may also use the contact information provided on the website or visit one of the Department's local offices to obtain further information and assistance."

(b) The total amount of penalties for which an employer may be liable under the act and this Part shall not exceed the maximum amount of penalties for which the employer may be liable under the Federal law for the same violation.

(c) Any penalty amount paid by the employer under Federal law that the employer demonstrates to the commissioner's satisfaction has been paid prior to the issuance of the commissioner's determination, shall be considered a payment made for the purposes of this rule.

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