New York Layoffs Policy - Union

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Multi-State
Control #:
US-187EM
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Word; 
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Description

This policy provides information to employee in the event of a layoff. The policy specifically addresses employees who are members of a union.

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FAQ

If you don't join the union, or resign from membership, and notify the union that you don't want to pay full dues, the required fee must be limited to the union's proven costs of collective bargaining activities. This fee may not lawfully include things like political expenses.

The New York State WARN Act requires businesses to give early warning of closing and layoffs. WARN notices DO NOT need to be submitted to DOL from businesses that employ less than 50 full-time employees. The WARN Act applies to private businesses with 50 or more full-time employees in New York State.

New York is a union state, and as long as I am governor of the State of New York, we will do everything in our power to protect union members and ensure the labor movement continues to deliver on the promise of the American Dream.

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to all affected employees, employee representatives, the Department of Labor, and Local Workforce Development Boards.

The New York supreme court has held that although union membership is not mandatory, if a union exists on behalf of the employees, even if the employee decides not to join the union, they still have to pay for the union dues and mandatory fees related to the union and its union members.

Those sixteen states with so-called mini-WARN acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin. These mini-WARN's vary greatly in scope and effect.

New York City fired 1,430 municipal workers after they refused to get fully vaccinated for Covid-19 or submit proof of their shots, City Hall confirmed Monday. That figure represents less than 1 percent of the city's 370,000-person workforce.

OVERVIEW OF STATE MINI-WARN LAWNew York enforces its own Worker Adjustment and Retraining Notification Act, which requires 90 days advance, written notice to certain agencies and parties when there is a covered: 220e Plant closing.

UNION DUES CANNOT BE DEDUCTED FROM GOVERNMENT EMPLOYEES IN New York WITHOUT CONSENT. Because of the recent Supreme Court ruling in Janus v. AFSCME government workers are no longer forced to give part of each paycheck to highly political government unions as a condition of working in public service.

Union membership has always been optional for public employees. For many years, people were forced to pay the workplace union whether or not they joined, but those forced payments (sometimes called fair share fees) were banned by the U.S. Supreme Court in June 2018.

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New York Layoffs Policy - Union