Beginning February 1, 2009, employers in New York must comply with the newly enacted New York Worker Adjustment and Retraining Notification Act (NY WARN). Although modeled on the federal WARN, the New York law is more expansive in that it covers more employers, is more easily triggered and requires more advance notice than the federal law. For example, the NY WARN covers employers with 50 or more employees (compared with 100 under federal law). The state law also requires 90 days' written notice of a mass layoff, plant closing, or relocation (compared with 60 days' notice under federal law). In addition, under the NY WARN, a "plant closing" occurs when a shutdown of a single site of employment results in the loss of 25 employees (50 employees under Federal WARN), and a "mass layoff" occurs when there is an employment loss of 25 employees and 33% of the workforce or at least 250 employees at a single site of employment (federal WARN requires 50 or more full-time employees representing 33% of the workforce or at least 500 employees).
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