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WARN 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.
  • 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