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New York, Ohio Deal with Reduction in Force Notice Laws

The New York State Department of Labor has substantially revised its New York State Worker Adjustment and Retraining Notification Act (NYS WARN) regulations.  The state statute, which took effect February 1, 2009, is more stringent than the federal law in that ninety (90) days’ written notice of a mass layoff, plant closing, covered reduction in work hours and/or relocation is required.  The federal statute requires only sixty (60) days’ notice.

Notice must be given to all employees, regardless of whether they are represented by a union, as well as their representatives, local workforce reinvestment boards and the Commissioner of Labor.  This is another departure from the federal statute which does not require such notification to be sent to individual employees who are represented or the other entities.  The notice must contain certain information, such as:

• The expected date of the first separation;
• The date an individual employee will be separated;
• A statement as to whether the separation will be permanent or temporary; and
• Whether bumping rights exist.

Employer attestations are also required.

The notice to the Commissioner of Labor must include the same information, as well as the location where the separations will occur.

Failure to provide the required notification could result in fines of up to $500 per day for each day of the violation.

Please click here for a copy of the revised New York statute.

The state of Ohio is also contemplating a bill that provides at least 90 days’ notice to employees of a reduction in force, including mass layoffs, plant closings or relocation that results in the loss of twenty five (25) employees or more.  If the layoff would affect 250 employees, then 120 days’ notice would be required.