Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). Warning to New York Employers: The NY WARN Act Now Requires WARN with Humana at Home Inc. - New York City Region, Housing Works, Inc. - New York City Region, Lehigh Cement Company LLC - Capital Region, Medly Health Inc. (Headquarters & Pharmacy) - New York City Region, IEH Auto Parts LLC d/b/a Auto Plus - Mid-Hudson Region, Cayuga Home for Children d/b/a Cayuga Centers - New York City Region, ReOpen Diagnostics, LLC d/b/a Pandemic Response Lab - New York City Region, Reverse Mortgage Funding LLC - Mid-Hudson Region, City Carting of Westchester, Inc. - Mid-Hudson Region, Candy Digital, Inc. - New York City Region, Volunteers of America-Greater New York, Inc.- VOA-GNY (Grasslands Homeless Shelter) - Mid-Hudson Region, American Grill Investor LLC., d/b/a Hudson Yards Grill - New York City Region, Meta Platforms, Inc. (formerly Facebook, Inc.) - New York City Region, Exodus Transitional Community - New York City Region, Better Holdco, Inc. d/b/a Better.com - New York City Region, Pioneer Credit Recovery, Inc., Gila LLC, Navient B.P.O., LLC, Navient Solutions, LLC, or Asset Performance Group, LLC - Finger Lakes Region / Southern Region, Avon Products, Inc. (Avon Global Innovation Center) - Mid-Hudson Region, Total Fire Protection, Inc. - New York City Region, IKEA US RETAIL LLC - New York City Region, Indian Point Energy Center (IPEC) subsidiary of Holtec International; Holtec Decommissioning International, LLC - Mid-Hudson Region, Exceeding Expectations, Inc. dba Longfellows - Capital Region, Corning Pharmaceutical Technologies - Southern Region, Johnson and Johnson Services, Inc. - New York City Region, ABB/Con-Cise Optical Group LLC - Mid-Hudson Region, Take-Two Interactive Software, Inc. - New York City Region, HHC 33 Peck Slip Holdings, LLC - New York City Region, Intergrow Greenhouses Inc. d/b/a Fillmore Greenhouses - Finger Lakes Region, Sheltering Arms Children Family Services - New York City Region, Mermaid 88 LLC d/b/a The Mermaid Inn - New York City Region, D.V.V.A. An upgraded forms management system for rapid processing. Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). Build a Morning News Digest: Easy, Custom Content, Free! Event Number: 2022-0065 . Feel free to contact the authors of this article or the attorney at Seyfarth with whom you normally work for further information. Codes R. & Regs. WARNing: Amendments to the New York WARN Act Regulations are Now in Effect, California Could Revive the Industrial Welfare Commission, New Jersey Court Imposes Limits on State Laws Near-Limitless Definition of Disability, Illinois Governor Amends Labor Disputes Act, July Is the New January: The Pace of New State Laws Heats Up. COVID-19: Layoff and Furlough Considerations for Employers Revisions to the Sale of Business Provision and NY WARN Exceptions. NEW YORK STATE DEPARTMENT OF LABOR WARN UNIT . The NY WARN Act is based on the Federal WARN Act, with a few notable differences. Looking for a Past Notice? Date of Notice: June 5, 2023 . New York WARN Act - Horton Law On November 11, 2020, Governor Cuomo signed amendments to the New York WARN law, which requires additional notifications to government officials in the event of a WARN event. . Specifically, covered employers must now provide 90-days' notice of a WARN event to: By upgrading systems and regulations at the Department of Labor, my administration is embracing 21st century measures to simplify and streamline processes, enhance customer service, and better connect New York jobseekers with fulfilling work opportunities., New York State Department of Labor Commissioner Roberta Reardon said, Improving user experience is a top priority to the Department and embracing technological solutions is helping us fulfill that mission. If you need modify or retract a previously submitted WARN notice, please email a letter on company letterhead that complies with NYS WARN regulations to [emailprotected]. According to the bills legislative sponsors, the purpose of this change is to advise these local government recipients of the potential loss of tax revenue and the possibility that health and safety dangers may exist on abandoned properties.3. If the Commissioner determines that the employer failed to establish the elements of an exception, the Commissioner will proceed to an enforcement action and determine the employers liability for violating NY WARN. Additionally, NY WARNs 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: New Process for Claiming Eligibility for a NY WARN Exception. Note that due to New Yorks arcane government structure, this could involve a multiplicity of government notices. A closing or mass layoff affecting 25 or more employees triggers the notice requirements. PDF Federal WARN and NYS Mini-WARN: Obligations for Employers in Light of On November 11, 2020, Governor Cuomo signed an amendment (the "Amendment") to the New York State Worker Adjustment and Retraining Notification Act ("NY-WARN Act"). This new WARN Act portal and improvements to WARN Act regulations are critically necessary measures to reduce the administrative burden for businesses while providing New Yorkers in need with comprehensive support," Governor Hochul said. Under the amended regulations, the definition of a covered employer is expanded to count not just employees at a single site of employment in the state, but also employees who work remotely but are based at the employment site.. The New York WARN Act: How Does it Affect Your Company? NEW YORK STATE DEPARTMENT OF LABOR WARN UNIT . Job termination | New York State Attorney General To learn more about NY.gov, please visit my.NY.gov. Building 12 Albany, New York 12226, Contact your Regional Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, https://assembly.state.ny.us/leg/?default_fld=&leg_video=&bn=A10674&term=2019&Summary=Y&Actions=Y&Memo=Y&Text=Y. the total number of part-time employees in New York State and at each affected site, as well as the number of affected employees at each affected site. If an unexpected event caused your business to close, please provide notice as soon as possible and provide as much information as possible to the Department of Labor when you file your notice about the circumstances of your closure so we can determine if an exception to the WARN Act applies to your situation. The Commissioner will then conduct an investigation and determine whether the employer qualifies for the exception. The upgrades are designed to assist employers in giving affected employees more time to transition, seek new employment opportunities, or enter workforce training programs to find new careers. The added complexity and potential for liability imposed by the amended regulations make compliance even more difficult. Worker Adjustment and Retraining Notification . See which companies announced layoffs and closings - WARN notices Click on the company name for further details. City of New York. The program allows employers to keep trained employees and avoid layoffs by allowing staff members to receive partial Unemployment Insurance benefits (UI) while working reduced hours. If the Commissioner determines that the employer failed to establish the elements of an exception, the Commissioner will proceed to an enforcement action and determine the employers liability for violating NY WARN. The legislative history explains that the purpose of these additional notice requirements is to provide the communities and school districts surrounding the location that is having the NY WARN triggering event that: (1) they may have to address health and safety dangers with respect to a large abandoned property; and (2) loss of revenue may require significant and immediate budgetary changes. WARN Act Compliance Assistance | U.S. Department of Labor Cyril and Methodius School - Long Island Region, Our Lady of Providence Regional School - Long Island Region, MBJ South Inc. (at New York City College of Technology) - NYC Region, The YMCA of Greater Rochester - Finger Lakes Region / Mohawk Valley Region / Southern Tier, Pret A Manger (USA) Ltd. - New York City Region, Mid-Hudson Valley Staffco (assigned to North Road LHCSA, Inc.) - Mid-Hudson Region, Endo Par Pharmaceutical - Mid-Hudson Region, 1661, Inc. dba GOAT and Flight Club New York, LLC - New York City Region, Durham School Services, L.P. - Central Region, Catholic Charities Neighborhood Services, Inc. - New York City Region, The Plaza - Sahara Plaza LLC - New York City Region, The Sofitel New York - Normandy LLC - New York City Region, St. Christopher School - Long Island Region, Republic Airways Inc. - New York City Region, Empire Stat Group, LLC - New York City Region, Crestview Management, LLC (at Albany Marriott) - Capital Region, Crestview Management, LLC (at Melville Marriott) - Long Island Region, St. Thomas the Apostle School - Long Island Region, GEO Secure Services, LLC (fka GEO Corrections & Detention LLC) - New York City Region, WeWork Companies, Inc. - New York City Region, NYU Grossman School of Medicine - New York City Region, MBJ Cafeteria Corp. (at CUNY John Jay College of Criminal Justice) - New York City Region, Pret A Manger (USA) Ltd. (Multiple Locations) - New York City Region / Mid-Hudson Region, Fred C. Gloeckner & Company, Inc. - Mid-Hudson Region, Seven Seas Union Square LLC, dba The Food Emporium - New York City Region, American Steamship Company (ASC) - Western Region, The YMCA of Greater Rochester - Finger Lakes Region / Mohawk Valley Region / Southern Tier Region, Maryhaven Center of Hope, Inc. (Angel Guardian Home) - Long Island Region, Norwegian Air Resources US (formerly OSM Aviation, Inc.) - New York City Region, American Airlines, Inc. - New York City Region, Entergy Nuclear Operations, Inc.; Entergy Services, LLCIndian Point Energy Center (IPEC) (owned by Entergy Nuclear Indian Point 2, LLC & Entergy Nuclear Indian Point 3, LLC) - Mid-Hudson Region, Rochester Drug Co-Operative, Inc. - Finger Lakes Region, GT Operating Company LLC dba Gramercy Tavern - New York City Region, Union Square Cafe II, LLC dba Union Square Cafe - New York City Region, Transform SR LLC (Sears Store #01924 & Automotive Center #06134) - Long Island Region, El Al Israeli Airlines LTD. (JFK) - New York City Region, Mid-State Raceway, Inc. dba Vernon Downs Casino Hotel - Mohawk Valley Region, Spot & Company of Manhattan, Inc. - New York City Region, Aramark Services, Inc. - New York City Region, Breton Industries, Inc. (Military Products and Commercial Lines) - Mohawk Valley Region, Southwest Airlines Co. - Capital Region / Long Island Region / New York City Region / Western Region / Finger Lakes Region, Tioga Downs Racetrack, LLC - Southern Region, Maryhaven Center of Hope Inc. (Children's Residential Program, Boy's Dormitory, Young Men's Dormitory, Center Dormitory and CRP House A and C) - Long Island Region, The Sake Club, Inc. dba Sakagura - New York City Region, Herald Square Enterprises Inc. - The Rag Trader & Bo Peep Cocktail and Highball Store - New York City Region, WV Hospitality LLC Leuca/Westlight/William Vale Hotel - New York City Region, RR Donnelley (GO Creative Studio, Presentation, Content Strategy & Proofreading operation) - New York City Region, Saratoga Center for Care LLC dba Saratoga Center for Rehabilitation and Skilled Nursing Care - Capital Region, HFZ Capital Group (HFZ Real Estate Development LLC) - New York City Region, Fifty Second Street Hotel Associates, LLC dba Novotel New York Times Square Hotel - New York City Region, Nobu 57 LLC dba Nobu New York Fifty Seven - New York City Region, Nobu 195 LLC, dba Nobu New York Downtown - New York City Region, Imagine Early Learning Centers - New York City Region, Imagine Early Learning Centers - Long Island Region, 8/18/2021 & 8/26/2021 (Amended 12/29/2021), 8/18/2021 & 8/26/2021 (Amended 11/19/2021, 12/3/2021), 8/18/2021 & 8/26/2021 (Amended 11/19/2021), 8/18/2021 & 8/26/2021 (Amended 8/18/2021 through 8/26/2021), 5/6/2021 (Amended 6/24/2021, 7/6/2021 & 8/5/2021), 2/13/2020 ( Amended 12/17/2020; 12/18/2020; 12/22/2020; 2/4/2021), 7/17/2020 (Amended 12/16/2020 & 1/5/2021).