Which employers are covered under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN) and what does the law say about compliance?
Employer Coverage under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN), (N.Y. Lab. Law §§ 860 et seq.).
- Exemptions
Pursuant to N.Y. Lab. Law § 860-a(1), exemptions to the definition of “employer” or “employee” under NYS WARN are restricted to a contact or consultant employee, business partner, shareholder, director or officer who is self-employed and upon any WARN act’s notification requirements, is not considered an “affected employee” or who has a separate employment relationship with another employer that pays them.
- Types of Employers Covered
Pursuant to N.Y. Lab. Law § 860- a(3), the types of covered employers are restricted to any for-profit or not-for-profit business enterprise, including debtor, trustee, or receiver-in-possession, or other fiduciary responsible for continuing the employer’s operations.
- How to Calculate the Required Number of Employees
Under this statute, persons on leave or temporary layoffs who are reasonably expected to be recalled, other than part-time employees, are considered employees.
- Minimum Count of Employees Required to Trigger Employer Coverage
Finally, the minimum count of employees required to bring an employer under coverage under NYS WARN is at least 50 employees in the state, including part-time employees within New York, or at least 50 employees in the state, excluding part-time employees that, in an aggregate, work for 2000 hours or more in a week.
In Part VII of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York Minimum Wage Act, N.Y. Lab. Law §§ 650 et seq.” in which we will discuss key issues regarding exemptions to the definition of “employee” and “employer,” the types of employers covered, how to calculate the number of employees as required, and the count of employees needed to bring employers under coverage under this statute.
As usual, stay tuned for more legal guidance, training, and education.
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Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.