Recent Laws and Events Challenge New York Employers in the Areas of Plant Closings, Overtime and Workers' Compensation

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On August 5, 2008, New York State Gov. David Paterson signed into law the New York State Worker Adjustment and Retraining Notification Act ("NY WARN Act"), to become effective on February 1, 2009. The NY WARN Act is more expansive than its federal counterpart, the Worker Adjustment and Retraining Notification Act ("Federal WARN Act"), as it increases the number of employers and events that fall within the statute's mandates and requires covered employers to provide 90 days' written notice in advance of a plant closing, mass layoff or relocation, as those terms are defined in the statute.

The NY WARN Act is codified in Article 25-A of the New York Labor Law, and its broad scope is important for any New York employer contemplating a reduction in force, plant closing or relocation.

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