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We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether it be for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

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With regards to our commitment to keeping you in the know, this blog is titled “Employer Coverage under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN)” and is part VI of our series “Employer Coverage under Major New York’s Labor & Employment Laws.”

Employer Coverage under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN), (N.Y. Lab. Law §§ 860 et seq.).

  1. 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.

  1. 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.

  1. 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.

  1. 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.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.