Coronavirus Resources
Coronavirus Resources for Dealers
PrintWARN FACT SHEET AND SAMPLE LETTERS
WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN)
Federal Requirements
- Applies to employers of 100 or more employees (not counting those who have worked less than 6 months in the last 12 months or worked an average of less than 20 hours a week). It covers:
- Plant closing
- Results in employment loss (including layoff exceeding 6 months) of 50 or more employees during a 30-day period
- Results in reduction of hours for 50 or more employees. The employee’s hours of work must be more than 50% in each month of any 6-month period.
- Mass layoffs
- Layoffs of 500 or more employees during a 30-day period; or
- Layoffs of more than 50 or more employees at a single site if they make up at least 33% of the active workforce.
- Plant closing
- 60 days notice must be given to the following:
- All affected employees
- The representative of the affected employees, such as union bargaining agent
- The State dislocated worker unit
- The chief elected official of the unit of local government in which the employment site is located.
- Exceptions to notice:
- Closing of temporary facilities;
- Closing or mass layoffs resulting from completion of a particular project of limited duration
- Employment loss as a result of a strike
- Layoffs due to unforeseen business circumstances
- Faltering companies
- Natural disasters
- Exceptions to the 60 day advance notice rule (notice must still be provided as soon as practicable):
- faltering company
- unforeseen business circumstances
- natural disater
State Requirements
- 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
- Reductions in work hours (more than 50% during each month of a 6-month period) involving 25 of more full-time workers constituting 33% of the employees at the site, or 250 workers.
- 90 days prior notice must be given to:
- All affected employees
- Any employee representative(s)
- The New York State Department of Labor (DOL)
- The Local Workforce Investment Board (LWIB)
LINKS TO SAMPLE LETTERS