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In this regard, this blog is titled “Terminations under NY-WARN” and is Part XI of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part X, we hammered on what the law says about Overtime and Pay Frequency and mentioned that as codified under 12 NYCRR 142-2.2, employees in New York must be paid, for hours worked over 40 hours every week, at a rate of time and a half, except in the cases of overtime exemption. We also added that employers must understand that regulations on exempt employees in the state of New York broadly track federal law. Most importantly, it is also vital to note that as codified under 12 NYCRR 142-2.14, the minimum pay per week is lower under federal law for some exempt classes than it is under New York law.

To move this discussion forward, we have shifted gears, in our blog titled “Terminations under NY-WARN,” to examine what the New York State Worker Adjustment and Retraining Notification Act (NY-WARN) says about employee terminations.

Terminations under the New York State Worker Adjustment and Retraining Notification Act (NY-WARN)

As codified under N.Y. Lab. Law § 860-a(3), the New York State Worker Adjustment and Retraining Notification Act covers every New York employer with at least 50 employees. Notably, as codified under 12 NYCRR §§ 921-1.1(i), 921-2.1(a) of NY-WARN, employers are required to give a 90 days’ notice of any mass layoff, covered reduction in work hours, relocation, or plant closing.

It is crucial to note that NY-WARN defines this as a decrease in the workforce, which amounts to the loss of employment at a single employment site for at least 25 employees and at least 33% of the workforce or at least 250 workers.

In Part XII of this series and our blog titled “Recruitment & Screening: Job Applications and the Ban-the-Box Law,” we will focus on “Recruitment and Screening” as the next key employment issue that significantly affects start-ups and growing businesses and companies in New York.

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.