New York WARN Act (NY WARN): Complete Guide to Your Rights 2026

New York City skyline representing New York employment law

New York has the strictest WARN Act in the nation, requiring 90 days advance notice for mass layoffs - 50% more than the federal requirement. If you work in New York and were laid off without proper notice, you may be entitled to substantial compensation.

Important Disclaimer: This guide provides general information about New York's WARN Act. It is not legal advice. For specific situations, consult with a New York employment attorney.

NY WARN vs Federal WARN: Key Differences

Requirement	Federal WARN	New York WARN
Notice period	60 days	90 days
Employer size	100+ employees	50+ employees (private)
Mass layoff threshold	50+ employees (with % test)	25+ employees (full-time)
Part-time threshold	May have reduced protections	250+ hours lost over 30 days
Penalties	Back pay up to 60 days	Back pay up to 60 days + $500/day civil penalty

What is the New York WARN Act?

New York Labor Law Article 25-A requires covered employers to provide 90 days advance written notice before:

Mass layoffs affecting 25+ full-time employees or 250+ part-time hours
Plant closures (covered facilities ceasing operations)
Relocations (moving operations 50+ miles)

Who is Covered?

Employers:

Private employers with 50 or more employees in New York State
This is half the federal threshold of 100 employees
Counts all employees at the site, not just full-time

Employees:

Full-time employees who have worked 6+ months
Part-time employees (counted differently - see below)
Includes employees at any New York location

Part-Time Employees Under NY WARN

New York has a unique approach to part-time workers. NY WARN is triggered when:

25+ full-time employees lose their jobs, OR
Part-time employee hours are reduced by 250+ in aggregate over 30 days

This can trigger NY WARN even for small layoffs if many part-time workers are affected.

Triggering Events in New York

Mass Layoff

Employment loss of:

25 or more full-time employees at a single site, OR
Reduction of 250 or more part-time hours in a 30-day period

Much lower threshold than federal law (which requires 50 employees + percentage tests).

Plant Closure

Permanent or temporary shutdown of a single employment site (or operating units within a site) that results in employment loss for 25+ full-time employees.

Relocation

Moving operations 50 or more miles from current location (federal WARN uses 100 miles).

Employment Reduction

A reduction in hours of work. For part-time employees, this means reduction of 50% or more of their hours over a 6-month period.

Notice Requirements

The 90-Day Rule

New York requires notice 90 days in advance - not 60 days like federal law. This extra 30 days gives employees:

More time to find new employment
More time to arrange health insurance
More time to plan financially

Who Must Receive Notice

At least 90 days before the action:

Affected employees (individually)
Any collective bargaining representative
New York Department of Labor
Local Workforce Investment Board
Chief elected official of each locality where affected workers reside

What the Notice Must Include

Name and address of employment site
Name and phone number of company official
Whether layoff is permanent or temporary
Expected date of first employment loss
Job titles and number of employees in each title to be affected
Bumping rights information (if applicable)
Name of union representative (if applicable)

Exceptions Under NY WARN

New York allows some exceptions, but they're more limited than federal law and still require notice as soon as practicable:

Physical Calamity or Act of War

Natural disasters or war-related circumstances
Must still give notice as soon as reasonably possible

Unforeseeable Business Circumstances

New York does recognize this exception, but:

The circumstances must be truly unforeseeable
Notice must be given as soon as practicable
Employer must explain why full notice wasn't possible

Faltering Company Exception

Similar to federal law, but:

Only applies to plant closings (not mass layoffs)
Company must be actively seeking capital/business
Notice would have precluded obtaining financing
Applied very narrowly

Key Difference: Even when exceptions apply, New York requires employers to give as much notice as practicable and explain why full 90-day notice wasn't possible.

Penalties for NY WARN Violations

If your employer violates NY WARN, you may be entitled to:

Back Pay

Pay for each day of violation (up to 60 days - note: not 90)
At your average regular rate
Example: $200/day × 60 days = $12,000

Benefits Value

Cost of employer-paid benefits for the violation period
Health insurance, retirement contributions, etc.

Civil Penalties

Up to $500 per day payable to the state
This is in addition to employee compensation

Reasonable Attorney's Fees

Prevailing employees may recover attorney's fees, making it easier to bring claims.

Recent NY WARN Developments

Remote Work Impact

With the growth of remote work, New York has addressed how to count remote employees:

Employees working remotely from New York are counted for NY WARN purposes
This is true even if the employer is headquartered elsewhere

Tech and Finance Layoffs

2023-2024 saw numerous NY WARN notices filed by tech and financial services companies. Key patterns:

Many companies tried to claim "unforeseeable circumstances" for market downturns
Courts and regulators scrutinized these claims carefully
Several high-profile violations resulted in litigation

What to Do If NY WARN Was Violated

Step 1: Calculate the Violation

How many days notice did you receive?
- Full 90 days = no violation
- Less than 90 days = potential violation
- Violation period = 60 days minus days of actual notice (capped at 60)
Were enough employees affected?
- 25+ full-time at your site?
- Or 250+ part-time hours reduced?
- Or did employer have 50+ employees?

Step 2: Gather Documentation

Your termination letter and date
Any advance notice you received (and date received)
Pay stubs showing your rate
List of other affected employees (if you know)
Company communications about the layoff
Total headcount at your location/in NY

Step 3: Research Existing Actions

Check PACER for federal lawsuits
Check NY state court records
Search news for "company name WARN lawsuit"
A class action may already be underway

Step 4: Consult an Employment Attorney

Many NY employment attorneys handle WARN cases
Contingency fee arrangements are common
Free consultations typically available
Class actions are common for WARN violations

Step 5: File for Unemployment

File immediately - WARN claims are separate
NY unemployment provides up to $504/week (2024 rate)
WARN back pay is in addition to UI benefits

NY WARN vs. NYC Fair Workweek Laws

New York City has additional scheduling and notice laws for certain industries:

Fast food workers: 14-day advance schedule notice
Retail workers: 72-hour advance schedule notice

These are separate from NY WARN but demonstrate New York's strong worker protections.

Filing a NY WARN Complaint

New York Department of Labor

You can report WARN violations to the NY DOL, though the primary enforcement mechanism is private lawsuits.

NY DOL Contact:

Website: dol.ny.gov
WARN Act inquiries: (518) 457-5519

Private Litigation

Most NY WARN enforcement happens through:

Individual lawsuits
Class action lawsuits
Collective actions

Special Situations

Layoffs Affecting Multiple States

If your employer laid off workers in New York AND other states:

NY WARN applies to New York employees
Federal WARN may apply company-wide
State laws apply where employees work

Strikes and Lockouts

NY WARN does not apply when employment loss results from:

Labor strikes
Lockouts

Seasonal Employment

If you were temporary or seasonal, NY WARN may not protect you. Must have worked 6+ months to qualify.

Government Employees

NY WARN applies to private employers only. Government layoffs are not covered.

Comparison: New York City Locations

If your employer has locations in New York City specifically:

Same NY WARN rules apply
Additional NYC worker protection laws may apply
NYC has strong enforcement culture
Consider consulting NYC-specialized employment attorney

Statute of Limitations

3 years from the date of violation to file suit in New York. However:

Evidence deteriorates over time
Witnesses' memories fade
Companies may dispose of records
Don't wait to seek legal advice

Action Checklist for New York Employees

If you believe NY WARN was violated:

[ ] Document your termination date
[ ] Calculate days of notice received (if any)
[ ] Count full-time employees at your site (was it 25+?)
[ ] Verify employer had 50+ employees in NY
[ ] Gather pay stubs showing your regular rate
[ ] Save all company communications about layoff
[ ] Connect with other affected employees
[ ] Check if class action already filed
[ ] Consult NY employment attorney (free consultation)
[ ] File for unemployment immediately
[ ] Don't sign releases without legal review

Key Takeaways

NY WARN requires 90 days notice - strictest in the nation
50+ employees in New York triggers coverage (vs 100 federal)
25+ affected full-time employees (vs 50 federal)
Relocation threshold is 50 miles (vs 100 federal)
Part-time hours count differently - 250+ hours affected triggers
Back pay capped at 60 days despite 90-day notice requirement
$500/day civil penalties in addition to back pay
Attorney fees recoverable for prevailing employees
Remote workers in NY count toward NY thresholds
3-year statute of limitations - but don't delay

Remember: This guide is informational only. Consult with a qualified New York employment attorney for advice specific to your situation.