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The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days' notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice.
WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.
Overview of State Mini-WARN LawNew York has not suspended its WARN Act notice requirements during the 2019 novel coronavirus disease (COVID-19) pandemic. Therefore, the notice requirements below still apply to all New York employers with 50 or more full-time employees (see Question 3).
Under the federal WARN Act, employers are required to provide written advance notice in the event of either a plant closing or a mass layoff. Both of these events are specifically defined under the Act.
The WARN act applies to all publicly and privately held companies. The WARN act applies to all organizations that are for profit or not for profit. A WARN notice must be given if there is a plant closing or a mass layoff.
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.
What is the difference between the California and federal WARN Acts? The California WARN Act (Labor Code 1400 1408 LC) is generally more employee-friendly than the federal law's WARN Act. (This is the case with most other California labor laws as well, such as wrongful termination laws and workplace harassment laws.)
The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.
The Warn Act: Warning of Layoffs to Employees - The Federal and California Law. The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees.