Publications

I’m Elizabeth Schlissel: this is Tannenbaum Helpern’s HR Minute. Governor Cuomo’s executive order requiring that workers for non-essential businesses not report to the workplace has caused some employers to suffer extreme financial hardships. This has caused employers to have to make difficult decisions such as mass layoffs, furloughs, and reductions in workers’ pay and hours. Employers making these difficult decisions should be mindful of the federal and New York State WARN Act notice requirements. These notice requirements include providing employees with advance written notice of the mass layoffs. In addition an employer may be required to notify certain governmental entities such as the Department of Labor. While the unforeseen business circumstance exemption may apply, due to the COVID-19 pandemic, employers are still required to provide notice as soon as practically possible. If you are an employer implementing these mass layoffs or furloughs or reductions in the workforce, you should consult with counsel to see if New York or Federal WARN act notice requirements are triggered. I’m Elizabeth Schlissel, this is Tannenbaum Helpern’s HR Minute.