US-New YorkIs my employer required to provide notice before a mass layoff in New York?
Yes, your employer must provide at least 90 days’ written notice before a mass layoff in New York, unless an exception applies.
What the Law Says
New York’s Worker Adjustment and Retraining Notification (WARN) Act requires employers to give advance written notice before certain large-scale job losses. It applies more broadly—and with longer notice—than the federal WARN Act.
The New York WARN Act applies to private employers with 50 or more full-time employees in New York State. A 'mass layoff' is defined as a reduction in force that affects at least 25 full-time employees — and at least one-third of the employer’s full-time workforce at a single site — or 250 or more full-time employees regardless of percentage.
Employers must provide affected employees, union representatives (if applicable), and state and local officials with written notice at least 90 days before the layoff begins. Notice must include the expected date of separation, whether the action is expected to be permanent or temporary, and the name and contact information for a company official who can answer questions.
Failure to provide proper notice may entitle affected employees to back pay and benefits for each day of violation — up to 90 days — plus civil penalties.
Statutory TextNo employer shall order a plant closing or mass layoff until the end of a ninety-day period after the employer serves written notice…
— N.Y. Lab. Law § 860 — Notice requirements
Statutory Text‘Mass layoff’ means a reduction in force which results in employment loss at a single site of employment during any thirty-day period for… twenty-five or more employees and at least one-third of the employees at that site…
— N.Y. Lab. Law § 851(3) — Definition of mass layoff
What to Do
Confirm whether your employer meets the 50-employee threshold and whether the layoff qualifies as ‘mass’ under NYLL § 851(3).
Check if you received written notice at least 90 days before your last day — including required details like duration, location, and contact info.
If notice was inadequate or missing, file a complaint with the NYS Department of Labor within 30 days of the layoff.
Consult an employment attorney — you may be entitled to up to 90 days of wages and benefits as damages.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.