New York Updates State WARN Act

On June 21, 2023, the New York Department of Labor ("DOL") adopted amendments to the New York State Worker Adjustment and Retraining Notification Act (the "Act") regulations to "address the post-pandemic employment climate." Among other things, the changes to the Act will now:

• Include remote workers as working at the "single site of employment" where they are "based" for purposes of calculating whether advance WARN notice is required;
• Amend a company's notification requirements when there is a sale of a business;
• Add a framework for an employer to seek approval from the DOL Commissioner as to whether one of the Act's exceptions applies to excuse advance notice.
  
  

As employers may be aware, any time they conduct a layoff, they need to be mindful of considerations under both the federal WARN Act and any applicable state WARN Acts. There are situations where a state's WARN Act is triggered without the federal WARN Act being triggered.