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The New York WARN Act

August 28, 2008

By Allan S. Bloom, Stephen H. Harris, Ethan Lipsig and Glenn S. Grindlinger

On August 5, 2008, Governor David Patterson signed legislation enacting the New York State Worker Adjustment and Retraining Notification Act (NY WARN Act), to become effective on February 1, 2009.

Although it is based on the Federal Worker Adjustment and Retraining Notification Act (US WARN Act), the NY WARN Act is more expansive than the US WARN Act in three significant ways: (1) it protects more employees; (2) it is more easily triggered; and (3) it requires more advance notice of plant closings and mass layoffs.