Q&A

Are there layoff laws in New York State?

Are there layoff laws in New York State?

The federal WARN Act and New York’s mini-WARN law entitle employees to advance notice of layoffs. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided.

Do you have a right to know about a layoff?

Unfortunately, those rights don’t include an entitlement to keep their jobs or be considered for other positions at the company. However, employees do have the right to a certain amount of notice before a plant closing or large-scale layoff.

How many employees are laid off in a mass layoff?

A mass layoff is a reduction in force resulting in job loss at a single site of employment for 500 or more full-time employees, or for 50 to 499 full-time employees, if the number of employees laid off makes up at least 33% of the employer’s active workforce.

How long does an employer have to give a layoff notice?

In some situations, an employer either does not have to give notice at all or can give less than 60 days’ notice.

How many employees can be laid off in New York?

New York’s mini-WARN law applies to: mass layoffs, in which at least 250 full-time employees, or at least 25 full-time employees that represent at least a third of the full-time employees at that establishment, lose their jobs permanent or temporary plant closing that results in job loss for at least 25 full-time employees, and

When to notify employees of a layoff in New York?

Under New York’s mini-WARN, employees are entitled to notice 90 days in advance. (Employees who are union members need not receive individual notice; instead, the employer must notify their bargaining reps, who are expected to pass the information along to the affected employees.)

When did Mayor de Blasio announce the layoffs?

Mayor de Blasio warned Friday that city layoffs will commence Oct. 1 unless a $1 billion budget gap is closed — and then ripped President Trump over his administration’s failure to offer any aid. “The president’s been missing in action on the stimulus,” de Blasio said in announcing a date for the potential loss of 22,000 city jobs.

Unfortunately, those rights don’t include an entitlement to keep their jobs or be considered for other positions at the company. However, employees do have the right to a certain amount of notice before a plant closing or large-scale layoff.