Planning layoffs or a closure is tough for any business owner, but it’s even harder if you’re blindsided by legal requirements like WARN notices. Whether you’re in New York or elsewhere in the U.S., the Worker Adjustment and Retraining Notification (WARN) Act can apply, and missing a step could lead to steep penalties or lawsuits. Here’s your guide to federal and New York State WARN rules, complete with practical examples to keep your business on solid ground.
What Is a WARN Notice?
A WARN notice is a legally required alert to employees, government officials, and other stakeholders about significant layoffs or shutdowns. It’s designed to give workers time to find new jobs and communities a chance to prepare for economic shifts. The federal WARN Act sets the foundation, but New York’s version adds stricter rules. Ignoring either could cost you back pay, daily fines, or legal battles.
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Federal WARN: The Basics
The federal WARN Act applies to businesses with 100 or more full-time employees who work 20+ hours per week for 6+ months. It requires 60 days of advance written notice for:
- Closing a site and cutting 50 or more full-time jobs within 30 days.
- Mass layoffs affecting either 33% of your workforce with at least 50 impacted or 500+ employees total, regardless of percentage.
Example: Picture a factory with 150 full-time workers. You close it, letting go of 60. Federal WARN kicks in because 60 exceeds the 50-job threshold, and you’d need to notify employees, the state, and local officials 60 days ahead.
NYS WARN: Stricter and Broader
New York’s WARN Act lowers the bar and raises the stakes. It applies to businesses with 50 or more full-time employees and demands 90 days of notice for:
- Site closings affecting 25 or more full-time jobs.
- Mass layoffs of 33% of your workforce with a minimum of 25 affected or 250+ employees total.
- Relocations moving all or part of your operation if 25+ employees are impacted.
- Hour reductions cutting over 50% of hours for 25+ employees for 6+ months.
Example: You run a New York shop with 75 employees and lay off 30 after losing a contract. Federal WARN doesn’t apply since 75 is less than 100, but NYS WARN does because 30 is greater than 25 and 40% exceeds 33%. You’d owe 90 days of notice, not 60.
Who Gets the Notice?
Under federal WARN, you notify:
- Affected employees or their union if applicable.
- The state’s dislocated worker unit.
- The local government’s top official, such as a mayor.
NYS WARN adds:
- The NYS Department of Labor Commissioner.
- Local workforce development boards.
Miss a recipient, and you’re inviting trouble, especially if your workforce spans multiple areas.
The Cost of Getting It Wrong
Mistakes hurt. Federal WARN can demand 60 days of back pay and benefits per employee, plus legal fees if sued. NYS WARN piles on a $500 daily fine for each day you’re late, alongside back pay. For a layoff of 150 employees, a slip-up could mean $75,000+ in wages, assuming $500 per day per employee, and $45,000 in fines over 90 days—painful hits for any business.
Exceptions
Both laws allow exceptions for sudden events, like a lost contract or natural disaster. You can shorten the notice, but you must prove it and notify as soon as possible. If a key client pulls out unexpectedly, document everything since courts don’t accept vague excuses.
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Practical Tips for Business Owners
- Know Your Numbers: Count full-time employees and planned layoffs. Near 50 for NYS or 100 for federal? Assume WARN might apply.
- Plan Ahead: New York’s 90-day rule means starting early. Set those reminders.
- Draft Carefully: Notices need specifics like layoff dates and bumping rights. Generic memos won’t do.
- Cover All Bases: Multi-site layoffs? List every required recipient by region.
- Get Help: Compliance is tricky, especially with NYS’s extras like relocations. A legal partner can prevent costly missteps.
Why It Matters to You
Layoffs happen when contracts vanish or markets shift. But fumbling WARN rules turn a hard decision into a legal mess. Whether it’s 25 jobs in New York or 500 nationwide, knowing these laws keeps your business compliant and your reputation strong.
Need support? TalkCounsel attorneys have helped companies navigate WARN challenges by auditing plans, drafting notices, and dodging penalties. Reach out before your next big move, and we’ll keep it smooth, not stressful.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations vary by situation, and compliance depends on your specific circumstances. Consult a qualified attorney for guidance tailored to your business.
