PRESS RELEASES AND DEVELOPMENT

NEW YORK ENACTS MINI WARN LAW

On August 5th, New York State joined the growing list of states, which now require employers to provide advance written notice to employees when conducting a mass layoff, relocation or plant closing. The New York State Worker Adjustment And Retraining Notification Act (the "NY WARN Act"), will become effective in February 2009.

Troubling to many employers, especially in the current economic climate, the obligations imposed upon employers under the NY WARN Act far exceed, in many respects, those under the Federal Worker Adjustment And Retraining Notification Act (the "Federal WARN Act"). Moreover, the new law leaves many unanswered legal questions.

In general, the NY WARN Act applies to New York employers who employ 50 or more employees and requires at least 90 days advance written notice to employees when conducting a mass layoff, relocation, or plant closing. In comparison, the Federal WARN Act generally applies to employers of 100 or more employees and requires 60 days advance notice. Also, and whereas the Federal WARN Act requires 50 full-time employee terminations in a plant closing, or 50 full-time employees who constitute at least 33% of the workforce in a mass layoff, in order to trigger written notice obligations, the NY WARN Act mandates written notice obligations to employees if: (a) a mass layoff affects only 25 employees who represent at least 33% of the workforce; or (b) a plant closing results in only 25 employee terminations over a 30-day period.

In light of the above, and the many significant differences between the Federal WARN Act and the NY WARN Act, it is essential that New York employers considering a significant workforce reduction, relocation or plant closing seek counsel to ensure that they comply with this new "employee friendly" law. Indeed, significant damages are available to employees who are terminated in violation of these mandates.

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If you would like more information or to discuss any of the above issues, or other Labor and Employment law matters, please feel free to contact Braverman, PLLC. Daniel S. Braverman, Esq. and his law firm practice Labor & Employment Law, and zealously represent companies in all aspects of the employment relationship, with a particular emphasis on helping companies avoid and quickly resolve labor and employment disputes. Mr. Braverman can be reached at 212-233-2910 (tel.) or dbraverman@bravelaw.com (e-mail).