The WARN Act requires employers to give employees 60 days of advance notice (or 90 days in New York) before a mass layoff or plant closing. When employers fail to provide that notice, workers may be entitled to 60 days of back pay and benefits. Both the federal Worker Adjustment and Retraining Notification (WARN) Act and New York’s WARN Act impose notice obligations, with state law covering more workers and requiring longer advance notice in some circumstances. A New York employment lawyer can evaluate whether your employer’s layoff or closure triggered those obligations and what you may be owed.

How Our Firm Helps Employees With WARN Act Claims

Attorney Orin Kurtz has spent more than 20 years representing employees across New York in wage and employment claims, including those arising from mass layoffs and business closures.

  • Comprehensive knowledge of federal and New York employment law, including the nuances of how WARN Act thresholds, exceptions, and damages apply
  • A record of significant recoveries in individual and class action cases involving wage and hour violations
  • Representation of employees across industries, from warehouse workers and nurses to executives and tech professionals
  • Clear, direct guidance on whether your situation triggers WARN Act liability and what steps to take next
  • A practical, results-focused approach that treats your case as more than a number

If you were laid off without adequate notice, Orin will assess whether your employer violated federal or state WARN Act requirements.

What Is the WARN Act and Who Does It Cover?

The federal WARN Act applies to employers with 100 or more full-time employees. It requires 60 days’ written notice to affected workers, unions, and state and local government officials before a plant closing or mass layoff. A plant closing means the shutdown of a single site or one or more facilities, resulting in the loss of employment for 50 or more employees. A mass layoff is a reduction in force that results in job losses for at least 500 employees, or at least 50 employees if they represent one-third of the workforce.

New York’s WARN Act extends these protections further. It applies to employers with 50 or more full-time employees and covers layoffs of 25 or more workers at a single site (a lower threshold than federal law). New York also requires 90 days’ advance notice, not 60, and includes part-time workers in its calculations under certain circumstances.

Together, these laws mean that many New York employees who would not be covered by the federal WARN Act may still have a viable state-law claim.

What Are You Entitled to If Your Employer Violated the WARN Act?

When an employer violates the federal WARN Act, affected employees are entitled to back pay and the value of lost benefits, including health insurance, for each day of the violation, up to a maximum of 60 days. Employers may also face civil penalties.

Under New York’s WARN Act, employees are entitled to back pay for each day of the notice violation, up to 60 days, plus the value of any benefits they would have received during that period, including medical expenses.

Employees are not required to prove that they suffered harm beyond the failure to receive notice. The obligation to provide notice is the employer’s, and violations trigger liability regardless of the employer’s reasons for the layoff.

Does the WARN Act Apply to Remote Layoffs and Multi-Site Closings?

Yes, in many situations. For workers employed remotely or at multiple locations, WARN Act coverage depends on how employees are counted across single employment sites. Courts and agencies have addressed how to classify remote workers and what constitutes a single site of employment.

Multi-site closings, rolling layoffs, and staged reductions in force can all trigger WARN Act obligations, depending on timing, the number of employees affected, and the structure of the layoffs. Employers sometimes attempt to avoid WARN Act obligations by staggering layoffs below the threshold or invoking exceptions such as unforeseeable business circumstances or the faltering company exception. Whether those exceptions apply is a fact-specific analysis.

Can Employees Bring a Class Action Under the WARN Act?

Yes. WARN Act violations are well-suited to class action litigation because they often affect large numbers of employees who experienced the same unlawful conduct. Orin Kurtz has extensive experience in class actions involving wage and employment claims, including cases that resulted in multi-million dollar recoveries.

If you were part of a mass layoff or plant closing and believe your employer failed to provide adequate notice, you may not be alone. Attorney Kurtz can help to determine whether your situation supports a class WARN Act claim.

Contact an Experienced WARN Act Attorney in New York

If you lost your job in a mass layoff or plant closing without receiving proper notice, you may be entitled to significant compensation under federal or New York law. Contact Orin Kurtz today for a free consultation. There is no reason to guess whether your rights were violated.

WARN Act Claims: Frequently Asked Questions

How do I know if my employer was required to give me a WARN Act notice?

Your employer was likely required to provide notice if it had 100 or more full-time employees (federal) or 50 or more (New York) and eliminated 50 or more positions at a single site within a 30-day window. The analysis depends on your employer’s size, the number of employees laid off, and how the reduction was structured. An employment attorney can review your situation and determine whether the thresholds were met.

What is the deadline to file a WARN Act claim?

Federal WARN Act claims must generally be filed within three years of the violation. New York WARN Act claims are subject to state contract law limitations, which may vary. If you were recently laid off, it is important to speak with an attorney promptly to preserve your rights.

Does the WARN Act apply if my employer filed for bankruptcy?

Bankruptcy does not eliminate WARN Act obligations, but it does affect how claims are pursued and paid. WARN Act damages are treated as administrative expenses or priority unsecured claims in bankruptcy proceedings, depending on the circumstances. These claims require careful handling, and Orin Kurtz regularly collaborates with bankruptcy counsel on New York employment law matters.

Federal and New York WARN Act Claims for Employees

The WARN Act requires employers to give employees 60 days of advance notice (or 90 days in New York) before a mass layoff or plant closing. When employers fail to provide that notice, workers may be entitled to 60 days of back pay and benefits. Both the federal Worker Adjustment and Retraining Notification (WARN) Act and New York’s WARN Act impose notice obligations, with state law covering more workers and requiring longer advance notice in some circumstances. A New York employment lawyer can evaluate whether your employer’s layoff or closure triggered those obligations and what you may be owed.

How Our Firm Helps Employees With WARN Act Claims

Attorney Orin Kurtz has spent more than 20 years representing employees across New York in wage and employment claims, including those arising from mass layoffs and business closures.

  • Comprehensive knowledge of federal and New York employment law, including the nuances of how WARN Act thresholds, exceptions, and damages apply
  • A record of significant recoveries in individual and class action cases involving wage and hour violations
  • Representation of employees across industries, from warehouse workers and nurses to executives and tech professionals
  • Clear, direct guidance on whether your situation triggers WARN Act liability and what steps to take next
  • A practical, results-focused approach that treats your case as more than a number

If you were laid off without adequate notice, Orin will assess whether your employer violated federal or state WARN Act requirements.

What Is the WARN Act and Who Does It Cover?

The federal WARN Act applies to employers with 100 or more full-time employees. It requires 60 days’ written notice to affected workers, unions, and state and local government officials before a plant closing or mass layoff. A plant closing means the shutdown of a single site or one or more facilities, resulting in the loss of employment for 50 or more employees. A mass layoff is a reduction in force that results in job losses for at least 500 employees, or at least 50 employees if they represent one-third of the workforce.

New York’s WARN Act extends these protections further. It applies to employers with 50 or more full-time employees and covers layoffs of 25 or more workers at a single site (a lower threshold than federal law). New York also requires 90 days’ advance notice, not 60, and includes part-time workers in its calculations under certain circumstances.

Together, these laws mean that many New York employees who would not be covered by the federal WARN Act may still have a viable state-law claim.

What Are You Entitled to If Your Employer Violated the WARN Act?

When an employer violates the federal WARN Act, affected employees are entitled to back pay and the value of lost benefits, including health insurance, for each day of the violation, up to a maximum of 60 days. Employers may also face civil penalties.

Under New York’s WARN Act, employees are entitled to back pay for each day of the notice violation, up to 60 days, plus the value of any benefits they would have received during that period, including medical expenses.

Employees are not required to prove that they suffered harm beyond the failure to receive notice. The obligation to provide notice is the employer’s, and violations trigger liability regardless of the employer’s reasons for the layoff.

Does the WARN Act Apply to Remote Layoffs and Multi-Site Closings?

Yes, in many situations. For workers employed remotely or at multiple locations, WARN Act coverage depends on how employees are counted across single employment sites. Courts and agencies have addressed how to classify remote workers and what constitutes a single site of employment.

Multi-site closings, rolling layoffs, and staged reductions in force can all trigger WARN Act obligations, depending on timing, the number of employees affected, and the structure of the layoffs. Employers sometimes attempt to avoid WARN Act obligations by staggering layoffs below the threshold or invoking exceptions such as unforeseeable business circumstances or the faltering company exception. Whether those exceptions apply is a fact-specific analysis.

Can Employees Bring a Class Action Under the WARN Act?

Yes. WARN Act violations are well-suited to class action litigation because they often affect large numbers of employees who experienced the same unlawful conduct. Orin Kurtz has extensive experience in class actions involving wage and employment claims, including cases that resulted in multi-million dollar recoveries.

If you were part of a mass layoff or plant closing and believe your employer failed to provide adequate notice, you may not be alone. Attorney Kurtz can help to determine whether your situation supports a class WARN Act claim.

Contact an Experienced WARN Act Attorney in New York

If you lost your job in a mass layoff or plant closing without receiving proper notice, you may be entitled to significant compensation under federal or New York law. Contact Orin Kurtz today for a free consultation. There is no reason to guess whether your rights were violated.

WARN Act Claims: Frequently Asked Questions

How do I know if my employer was required to give me a WARN Act notice?

Your employer was likely required to provide notice if it had 100 or more full-time employees (federal) or 50 or more (New York) and eliminated 50 or more positions at a single site within a 30-day window. The analysis depends on your employer’s size, the number of employees laid off, and how the reduction was structured. An employment attorney can review your situation and determine whether the thresholds were met.

What is the deadline to file a WARN Act claim?

Federal WARN Act claims must generally be filed within three years of the violation. New York WARN Act claims are subject to state contract law limitations, which may vary. If you were recently laid off, it is important to speak with an attorney promptly to preserve your rights.

Does the WARN Act apply if my employer filed for bankruptcy?

Bankruptcy does not eliminate WARN Act obligations, but it does affect how claims are pursued and paid. WARN Act damages are treated as administrative expenses or priority unsecured claims in bankruptcy proceedings, depending on the circumstances. These claims require careful handling, and Orin Kurtz regularly collaborates with bankruptcy counsel on New York employment law matters.