New York WARN Notices

WARN Act rules in New York

New York has its own layoff notice law on top of the federal WARN Act, the New York State WARN Act. An employer has to satisfy both, so the stricter rule is the one that applies to you.

Notice required

90 days

Employers covered

50 or more employees excluding part-time, or 50 or more employees working at least 2,000 aggregate hours per week.

What triggers notice

A plant closing affecting 25 or more non-part-time employees, a mass layoff affecting 250 or more, or 25 or more who are at least 33 percent of the site workforce, or a relocation 50 or more miles away.

Statute

N.Y. Labor Law art. 25-A, 860 to 860-i; 12 NYCRR Part 921

If an employer does not comply

Back pay and benefits for up to 60 days, plus a civil penalty of up to $500 per day, waived if employees are paid in full within three weeks.

Administered by

New York State Department of Labor

Source: New York State Department of Labor. Checked 2026-08-10. Plain-language summary, not legal advice. State legislatures amend these rules; confirm the current text before relying on it.