As noted in an earlier post, legislation to require advance notification to workers faced with job loss resulting from a mass layoff or plant closing was introduced in the New York State Assembly (A.10847) and Senate (S.08212). On June 17, the Senate bill passed that body, was delivered to the Assembly, and was subsequently substituted for A.10847 in the Assembly. The bill passed the Assembly and was delivered to the Governor for signature on July 25, 2008. Governor David Paterson signed the bill during the first week of August. The new law will go into effect on February 1, 2009.
The legislative summary of the law provides an overview of its improvement of federal WARN Act requirements. The summary notes:
The proposed bill would establish a more stringent state WARN notice requirement for employers of 50 or more employees. Such employers would be required to give affected employees, the Department, and local workforce partners a minimum of 90 days notice of any action that would result in the layoff of 25 or more individuals. This lengthier notice would give affected employees more time to get their finances in order, explore health care options, find another source of income, or begin training for future employment. Further, this notice would give the workforce system more time to provide assistance to affected employees, thereby increasing the affected workers` chances of obtaining new employment or training, and decreasing the need for and duration of unemployment benefits and other economic safety-net programs.
In addition, the bill would also authorize the Commissioner to take action against an employer who failed to provide timely notice. This would serve as a substantial deterrent to violation of the notice requirements, and would provide an effective mechanism for enforcement. The bill would also give a state cause of action to employees for violation of the notice requirement. To limit the bill`s impact on employers who comply with the federal requirements, the bill would cap the employer`s liability at that resulting from 60 days of violation.
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