New York WARN Act

NY WARN Act (Labor Law § 860)

90-day noticeNo mandatory severance

Key thresholds

Employer minimum

50employees

↓ Lower than federal (100)

Notice required

90days

30 days more than federal

Employee threshold

25+

AND 33% of workforce

OR 250+ regardless of %

Look-back window

90days

Rolling aggregation period

Key nuances for New York

90-day notice required — longer than federal. Employer qualification (50+) applies company-wide. Triggers when 25+ AND 33%+ at a single site, OR 250+ regardless of percentage. No faltering company exception.

How New York differs from federal WARN

FactorFederal WARNNY
Employer minimum100+ employees50+ employees
Notice required60 days90 days
Employee threshold50+ AND 33%, or 500+25+ AND 33% or 250+
Covers part-timeNo (20+ hrs/wk only)No
Mandatory severanceNoNo
Safe harborsFaltering company, Unforeseeable business circumstances, Natural disasterUnforeseeable business circumstances, Natural disaster

This page is provided for informational purposes only and does not constitute legal advice. Laws change — always verify with qualified employment counsel before a reduction in force.

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