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 921-8 - Confidentiality Of Information Obtained By The Commissioner Of Labor
Section 921-8.1 - Confidentiality of information obtained by the commissioner of labor
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as otherwise provided in this subpart information obtained by the commissioner through the administration of the Act from an employer and which is not otherwise obtainable by the commissioner under the Labor Law or rules or regulations promulgated thereunder shall:
(b) Prior to public disclosure of any information otherwise deemed confidential pursuant to this subpart in connection with any court action or proceeding, the employer shall be given a reasonable opportunity to make application to the court to protect the information's confidentiality.
(c) Names, addresses, and other personally identifiable information of employees provided to the commissioner pursuant to Labor Law section 860-b and Subpart 921-2 of this Part shall remain confidential.
(d) Notwithstanding the provisions set forth in paragraphs (a) and (c) of this Subpart, information obtained by the commissioner from the WARN notice required by the Act or this Part shall not be considered confidential.
(e) Nothing in this Subpart shall be construed to prohibit disclosure of information that would otherwise be deemed confidential pursuant to this Subpart where such information is used in the course of an enforcement action or proceeding, including but not limited to an investigative conference pursuant to subdivision (c) of section 921-7.1 of this Part or a subsequent hearing.
