New York State Department of Labor Business Services

Worker Adjustment and Retraining Notification

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires businesses to give early warning of closing and layoffs. Businesses must give notice to:

• All affected employees
• Any employee representative(s)
• The New York State Department of Labor (DOL)
• The Local Workforce Investment Board (LWIB)

Notice by employers to the Department of Labor should be mailed or emailed to:

Find your Local Workforce Investment Board contact information

The WARN Act applies to private businesses with 50 or more full time workers in New York State. It covers:

• Closings affecting 25 or more workers
• Mass layoffs involving 25 or more full-time workers (if the 25 or more workers make up at least 33% of all the workers at the site)
• Mass layoffs involving 250 or more full-time workers
• Certain other relocations and covered reductions in work hours

This means that covered businesses must provide all employees with notice 90 days prior to a:

• Plant closing
• Mass layoff
• Relocation
• Other covered reduction in work hours

Businesses that do not provide notice may be required to:

• Pay back wages and benefits to workers
• Pay a civil penalty

Early warning gives the DOL and the LWIB the chance to work with the business early on and provide employees with information about:

• Unemployment Insurance (UI)
• Workforce Programs
• Resources designed to get employees back to work quickly

Early warning also benefits the business. It can shorten the time that workers are on UI. It therefore may lower the UI charges associated with the layoff or closing.

Helpful Links

• WARN Fact Sheet
• WARN Notices - a list of WARN Notices received by the Department of Labor
• Business Fact Sheet
• Worker Fact Sheet
• Regional Rapid Response Coordinators (updated 7/16/12) - contact information
• WARN Law - the full WARN Law
• WARN Regulations - the regulations governing the WARN Program
• Counsel's Office Opinion Letters