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.

March 8, 2024 - Under the new regulations, an employer must submit its request for an exception within 10 business days of when the written WARN notice would be due to the DOL commissioner, unless the DOL commissioner grants an extension.

The NY WARN Act includes several exceptions under which an employer may be able to provide less than 90 days' notice to affected employees, including where there are "unforeseeable business circumstances" and for a "faltering business."

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to all affected employees, their representatives, the Department of Labor and others.

May 17, 2025 - Effective June 2023, amendments to the NY WARN Act are in place. ... Counting remote workers as employed at their base site. Revising WARN notice content and recipients. Addressing responsibility for notice in case of sale of the business. Clarifying the faltering business exception for plant closings only.

Additionally, NY WARN’s exceptions, which permit an employer in some cases to give less than the full 90-days’ notice to affected employees, remain in place with some tweaks: The faltering company exception is now applicable only to plant closings (mirroring the federal WARN Act).

by the federal WARN Act. Who’s covered · Employers covered by the NYWARN · Act include “any business enterprise · that employs fifty or more employees, excluding part-time employees, or · fifty or more employees that work in · the aggregate at least two thousand ·

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

Unemployment Insurance Information · Am I considered a covered employer under the WARN Act

The regulations also amend the “unforeseeable business circumstances” exception to the notice requirement to include public health emergencies, such as a pandemic “that results in a sudden and unexpected closure” as an additional situation ...

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June 4, 2025 - Like we briefly mentioned earlier, the WARN Act in NY now offers businesses the chance to file for an exception to the standard 90-day notice period.

ARTICLE 25-A NEW YORK STATE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT Section 860. Short title. 860-a. Definitions. 860-b. Notice. 860-c. Exceptions. 860-d. Extension of mass layoff period. 860-e. Determinations with respect to employment loss. 860-f. Powers of the commissioner.

August 15, 2023 - The NY WARN Act exceptions permit an employer to give less than the full 90-days’ notice to affected employees in certain circumstances.

As the Federal shutdown has come to an end, federal agencies have started to issue retroactive pay to furloughed and excepted employees. The New York State Department of Labor will be sending questionnaires to affected claimants in the coming weeks. These questionnaires will ask you to clarify ...

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to all affected employees, employee representatives, the Department of Labor, and Local Workforce Development Boards.

July 28, 2023 - In addition, the list of qualifying unforeseeable business circumstances was extended to include “a public health emergency, including but not limited to a pandemic, that results in a sudden and unexpected closure” and “a terrorist attack directly affecting operations.” And, with respect to the faltering company exception, the amended regulations now clarify that this exception applies only to plant closings. ... Employers anticipating a mass layoff, plant closing, relocation or reduction in hours should keep these new WARN requirements in mind, and also note that that while NYS has amended its regulations, employer are required to also comply with federal WARN and any other applicable state laws that require notice of termination.

November 16, 2025 - If a plant closing or a mass layoff results in fewer than 50 workers losing their jobs at a single employment site; If 50 to 499 workers lose their jobs and that number is less than 33% of the employer's total, active workforce at a single ...

June 13, 2025 - Strikes or lockouts: An employer is not required to serve written notice when permanently replacing a person who is deemed to be an “economic striker” under the National Labor Relations Act (29 U.S.C. 151 et seq.). Note that nothing in this rule shall validate or invalidate any judicial or administrative ruling related to hiring permanent replacements for economic strikers under the National Labor Relations Act. This exception only applies to strikes or lockouts that are not intended to evade the requirements of the WARN Act. When illustrating the need for an exception under the NYS WARN Act, the employer bears the burden of proof.

August 7, 2025 - With certain exceptions, WARN notices must be sent 90 days prior to a plant closing, mass layoff, relocation or other covered reduction in work hours.