New York Warn Act

New York WARN Act Lawyers

Pursuing Claims for Layoff Notification Violations

The federal Worker Adjustment and Retraining Notification (WARN) Act safeguards employees facing the unsettling prospects of mass layoffs or plant closures. This legislation mandates that qualifying employers provide a 60-day notice to staff before any significant corporate downsizing or closures. This warning is not merely a courtesy but a legal requirement that gives workers valuable time to seek new employment, pursue additional training, or arrange their finances in anticipation of job loss.

Understanding the nuances of employee rights under the federal WARN Act and the New York State WARN Act is more than a legal formality—it's a crucial layer of economic security in today’s volatile corporate environment. When employers fail to adhere to these notification requirements, affected employees can take legal action and pursue compensation for the oversight.

The role of legal assistance in navigating these waters cannot be overstated. Goodley McCarthy LLC provides robust support to employees left in the lurch due to non-compliance with the WARN Act. Our team of seasoned lawyers knows federal and state laws and vigorously defends our clients’ rights.

To discuss your case and explore your legal options with a New York WARN Act attorney, please get in touch with us at (215) 273-3491.

The Federal WARN Act: Protecting Workers Nationwide

The federal Worker Adjustment and Retraining Notification (WARN) Act protects employees, their families, and communities by requiring advance notice of significant employment changes. This law underscores the importance of timely and fair communication from employers during substantial organizational changes, such as mass layoffs or plant closures. 

The WARN Act applies to private for-profit businesses, non-profit organizations, and quasi-public entities that employ 100 or more full-time employees. Notifications are required when an establishment will be conducting mass layoffs or plant closures. The disruption must affect 50 or more full-time employees at a single employment site.

Employers must provide a 60-day notice to affected employees before mass layoffs or plant closures, offering critical time for transition and adjustment.

The New York State WARN Act: Enhanced Employee Protections

The New York WARN Act enhances the protections provided by its federal counterpart, offering more robust safeguards to employees facing mass layoffs, plant closures, or relocations. This state-specific legislation is critical for ensuring that workers have sufficient time and resources to prepare for significant changes in their employment status.

The expanded notification requirements under the NY-WARN Act include the following:

  • Longer advance notice period. New York employers must give a 90-day advance notice—30 days more than the federal requirement.
  • Broad notification scope. The notice must be sent to affected employees and their representatives, the New York State Department of Labor, and the Local Workforce Development Boards.
  • Coverage of smaller businesses. The NY-WARN Act applies to companies with 50 or more employees, broadening the scope compared to the federal threshold of 100 employees.
  • Reduced notification triggers. The NY-WARN Act is triggered by layoffs affecting at least 25 employees if they make up at least 33% of the workforce.

Employee Rights Under the WARN Act

Employees can hold employers accountable when they do not receive the mandatory advance notice. The entitlement allows affected workers to take legal action for non-compliance. This legal framework is designed to penalize non-compliant employers and provide a safety net for employees suddenly facing unemployment.

Types of damages and compensation employees can seek include:

  • Back pay
  • Benefits
  • Legal fees

Understanding these rights is crucial for employees affected by sudden and significant employment changes. Employees can better navigate their options and protect their interests in challenging times by being aware of the compensation and legal remedies available.

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Supporting Employees Through Legal Matters

Goodley McCarthy LLC helps employees navigate the complexities of employment-related laws. Our team provides support and advocacy, informing workers of their rights and pursuing legal avenues to enforce them. We assist employees in seeking compensation for rights violations.

For anyone affected by potential WARN Act violations in New York, please schedule a consultation with our lawyers by calling (215) 273-3491 today.

Our Results
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    Vox Media, Inc. Wage and Hour Litigation, Nos. 17-cv-1791, 19-cv-160, 20-cv-1793 (D.D.C.)
    $4 Million omnibus class/collective action settlement covering over 500 class members in three related independent contractor misclassification suits brought under the FLSA and California and New Jersey law
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    Behrens v. MLB Advanced Media, L.P., No. 1:18-cv-03077 (S.D.N.Y.)
    $1.4 Million class/collective action settlement under FLSA and New York Labor Law, for Plaintiff and a class of over 200 employees for whom Plaintiff alleged Defendant did not properly compensate for all overtime hours worked
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