If your employer in New York, NY has announced a plant closing or mass layoff, you may have legal rights that most workers never know about. The New York WARN Act requires many employers to give workers advance notice before a major job loss — and when they don't, employees may be owed back pay and benefits.
Understanding what the law requires, who it covers, and what to do if your employer skips proper notice can make a real difference in your situation. This article walks through the basics so you know where you stand.
What Is the New York WARN Act and How Is It Different From the Federal Law?
The New York WARN Act is a state law that gives workers broader protections than the federal WARN Act in several meaningful ways. While both laws require advance notice before large-scale layoffs or plant closings, New York's version covers more employers, more employees, and in some cases requires a longer notice period.
The federal WARN Act generally applies to employers with 100 or more full-time employees. New York's law lowers that threshold to employers with 50 or more full-time employees, so a wider range of companies doing business in New York, NY must comply.
An attorney can confirm exactly which version of the law — or both — applies to your specific workplace situation.
Who Is Covered Under the New York WARN Act?
Most full-time employees at qualifying New York employers are covered, including workers who are laid off as part of a plant closing or mass layoff. Coverage generally extends to employees who have worked for the company long enough to be considered part of the regular workforce.
Part-time workers — typically defined as those working fewer than 20 hours per week — are generally not entitled to notice under the law, though they may still be counted when determining whether an employer meets the size threshold that triggers the law.
The following types of job losses are typically covered under New York's law:
- A plant closing that affects 25 or more full-time workers
- A mass layoff involving 250 or more full-time workers, or 25 or more workers if they make up at least 33 percent of the workforce
- A relocation of operations 50 or more miles away that results in job losses
How Much Notice Are Employers Required to Give in New York?
New York employers covered by the state WARN Act must provide 90 days of advance written notice before a plant closing or mass layoff — which is longer than the 60 days required under the federal law. This notice must go to affected employees, the state Department of Labor, and local elected officials.
The notice must be in writing and must include specific information about the planned action, such as the expected date of the closing or layoffs and whether the action is expected to be temporary or permanent.
Failing to provide the full 90-day notice does not automatically excuse the employer — it may trigger a legal obligation to pay employees for the days of notice they did not receive.
What Happens If My Employer Doesn't Give Proper Notice?
If an employer violates the New York WARN Act, affected employees may be entitled to back pay and benefits for each day of required notice that was not provided, up to the full 90-day period. This compensation can include wages, health insurance, and other benefits the employee would have received during that time.
Employers who fail to notify the state may also face civil penalties. These penalties are separate from what individual employees may recover.
An employment attorney can review the specific facts of your situation and help you understand what remedies may be available to you under both state and federal law.
Are There Exceptions That Allow Employers to Skip the Notice?
Yes — the law does allow limited exceptions, but they are narrow and the employer carries the burden of proving they apply. Three common exceptions exist under both the federal and New York WARN Acts:
- Faltering company: The employer was seeking capital or business that, if obtained, would have avoided the closing, and giving notice would have prevented getting that business
- Unforeseeable business circumstances: The closing or layoff was caused by a sudden, dramatic, and unexpected action outside the employer's control
- Natural disaster: The closing resulted from a flood, earthquake, or other natural disaster
Even when an exception applies, employers in New York, NY are still generally required to give as much notice as possible under the circumstances. Whether an exception genuinely applies is a legal question — an attorney can evaluate the facts specific to your case.
What Steps Should I Take Right Now If My Company Is Closing?
Acting quickly matters because there are deadlines for bringing a WARN Act claim. If you believe your employer failed to give proper notice, here are four steps to consider taking now:
- Save any written notices, emails, or letters from your employer about the closing or layoff
- Note the exact date you were notified and your last expected day of work
- Gather any information about how many employees are affected at your location
- Speak with an employment attorney in New York, NY as soon as possible to understand your options
WARN Act claims are generally filed in federal court, and the time to bring a claim is limited. Waiting too long can affect your ability to recover anything, so prompt action is worth taking seriously.
Frequently Asked Questions About the New York WARN Act
These are some of the most common questions workers in New York, NY ask after a plant closing or layoff announcement.
Does the New York WARN Act apply to temporary layoffs?
It can, depending on the circumstances. If a temporary layoff lasts longer than six months or conditions change, it may be treated as a permanent layoff that triggers WARN Act obligations. An attorney can review your specific situation.
Can I still file a claim if I already accepted a severance package?
Possibly — accepting severance does not automatically waive your WARN Act rights unless the agreement you signed specifically and lawfully released those claims. An employment attorney can review the agreement before you sign anything.
What if my employer is going through bankruptcy?
Bankruptcy does not automatically eliminate WARN Act obligations. Employees may still have claims, though the process for recovering them can be more complex. Speaking with an attorney quickly is especially important in this situation.
How long do I have to file a New York WARN Act claim?
WARN Act claims are generally subject to a three-year statute of limitations under New York law, but deadlines can vary depending on how the claim is brought. An attorney can confirm the deadline that applies to your case.
If you believe your employer in New York, NY failed to comply with the WARN Act, FindCounselNow can connect you with a local, independent employment law attorney for a free case review — so you can understand your rights and decide on your next step.