New York gets its own WARN act
- September
- 5
Workers in the state got a boost this week from Gov. David A. Paterson after he signed the state Worker Adjustment and Retraining Notification Act, or WARN.
The new law, which is similar is some respects to the federal WARN Act, requires private employers with 50 or more employees to give them and the state Department of Labor 90 days notice, prior to a mass layoff or plant closing.
Failure to do so, the Labor Department said, could result in fines of up to $500 a day for each violation.
The new law also gives the department’s commissioner authority to order relief, including back wages and unpaid medical benefits, for employees who don’t receive the required notice.
The federal WARN Act differs from the state law in that it only applies to companies that employ 100 or more workers and requires only 60 days notice to those workers. The federal law also lacks an enforcement mechanism, which requires workers facing job loss to sue their employers privately.
New York’s law closes that loophole, the agency said, which has allowed employers who fail to provide workers with a timely WARN notice to escape liability for their violations.
“For too long, workers in New York, given no notice in the face of immediate layoffs, have been unintentional victims of a federal law with limited enforcement provisions,” said state Labor Department Commissioner M. Patricia Smith.
The legislation will ensure that more workers in the state are given sufficient notice prior to losing their jobs, Smith said.
“Just as important,” she said, “those employers who don’t play by the rules will be sanctioned accordingly.”








