New York State DOL Issues Amended WARN Regulations

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses to provide advance notice of closures and layoffs to the Commissioner of Labor and affected employees. The NY WARN regulations are more expansive than the federal WARN regulations, defining “covered business” as any private business employing 50 or more full-time employees in New York. As outlined below, it also has stricter notice requirements.

The NYS DOL has noted that the NY WARN regulations were revised this year to address the post-pandemic employment climate. Specifically, the NYS DOL website provides that the regulations seek to clarify how remote work impacts NY WARN Act compliance and simplify language to ensure businesses better understand their obligations.