What are some of the remedies available under the Remedies Available under New York State Worker Adjustment and Retraining Notification Act (N.Y.S. WARN), as codified under N.Y. Lab. Law §§ 860 et seq.
Remedies Available under New York State Worker Adjustment and Retraining Notification Act (N.Y.S. WARN)
Economic Damages
Pursuant to N.Y. Lab. Law § 860-g(1)(a), an employee may recover back pay at their final pay rate or at the average regular pay rate for the past 36 months, whichever is higher. Additionally, pursuant to N.Y. Lab. Law § 860-g(1)(b), an employee may be awarded the value of lost benefits, such as medical expenses or other types of compensation, as incorporated in their benefits plan. Lastly, pursuant to N.Y. Lab. Law § 860-g(2), the maximum liability for the employer is either one-half the count of an employee’s employment days or 2 months, whichever is shorter.
Compensatory Damages
However, there is no applicable state law through which a prevailing party may recover compensatory damages under the New York State Worker Adjustment and Retraining Notification Act.
Punitive Damages
Further, there is no applicable state law through which a prevailing party may recover punitive damages under the New York State Worker Adjustment and Retraining Notification Act.
Attorney’s Fees and Costs
Nonetheless, pursuant to N.Y. Lab. Law § 860-g(7), the prevailing plaintiff may recover reasonable attorney’s costs and fees as deemed just, equitable, and proper by a court of competent jurisdiction.
Injunctive Relief
However, pursuant to N.Y. Lab. Law § 860-g(8), neither any court nor the Commissioner of Labor can enjoin a mass layoff, relocation, or plant closing.
“Other” Remedies
Finally, pursuant to N.Y. Lab. Law § 860-h(1), a court may award a $500 civil penalty for each day a violation occurred.
In Part IX of the series and our blog post titled “Remedies Available under Employee Privacy Protection Laws,” we will discuss the various remedies available under these laws and pursuant to N.Y. Lab. Law § 203-c.
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Always Rising Above the Bar,
Isaac T.,
Legal Writer, Author, & Publisher.