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New York Layoff: What you need to know

New York has enacted its own version of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
The New York State Worker Adjustment and Retraining Notification Act (New York WARN) requires employers with 50 or more full-time employees to provide at least 90 days' advance written notice of mass layoffs, relocations, and employment losses. The New York Department of Labor has issued final regulations implementing the law (12 NY ADC 921-1.0 et. seq.).
Because New York WARN is more expansive than its federal counterpart, employers in New York need to be aware of and follow the state law provisions (NY Labor Law Sec. 860 et seq.).
While New York WARN tracks the federal law in many ways, very important differences are described in greater detail below:
• New York WARN provides for enforcement by the New York State Department of Labor.
• New York WARN applies to more employers than the federal law.
• Notice must be provided to more parties than under federal law.
• New York WARN covers relocations, unlike the federal law.
Legal tip. Many of New York WARN's terms and parameters are untested through administrative or court cases. Therefore, employers would be wise to contact a local employment law attorney for advice when facing a plant closing, mass layoff, or relocation.
Additionally, employers must keep in mind that the requirements of the federal WARN Act also apply. The WARN Act imposes restrictions on the way layoffs are handled. It is designed to give employees advance notice of a layoff in order to find another job or to seek retraining in a new occupation and to give the state adequate preparation to assist the affected workers.
A comprehensive discussion of the WARN ...

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New York Layoff Resources

Layoff Products

Rehire Without Risk Webinar Recording
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BLR Webinar: "Age Discrimination: How To Legally Manage Your Aging Workforce""
New York Employment Law Update Webinar Recording
BLR Webinar: "New York Employment Law Update: What You Need to Know Now About the State’s Latest Workplace Laws and Regs""
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BLR Webinar: "Compensation Communications 101: How to Talk With Your Employees About Their Pay""
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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