Employers in New York State that are forced to layoff their employees due to COVID-19 (or any other reason) should be aware of the following notification requirements under NY State law.
All employers
Employers must provide written notice to any employee who goes off the payroll:
- No matter the reason for the separation
- Whether it is a temporary or permanent separation
All New York employers need to give notice with the following information:
- Employer’s Name
- New York State Employer Registration Number
- Mailing address where payroll records are kept
- Instructions to employees to give the information on the form to the UI Claims Center
You may use this Record of Employment (IA 12.3) provided by the NYS Department of Labor as a suitable notice to the employee.
Employers with 50 or more full time workers
Click here to read about your requirements under the WARN Act, which has not been suspended due to layoffs related to COVID-19.
- WARN Fact Sheet
- WARN Notices – a list of WARN Notices received by the Department of Labor
- Rapid Response Services – Employer Fact Sheet
- Rapid Response Services – Employee Fact Sheet
- Regional Rapid Response Coordinators (updated 11/30/2018) – contact information
- WARN Law – the full WARN Law
- WARN Regulations – the regulations governing the WARN Program
- Counsel’s Office Opinion Letters
For more information on New York layoff laws and regulations:
How To File an Unemployment Claim
Legal Disclaimer: CheckWise Payroll LLC is not engaged in the practice of law. The content in this article should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. CheckWise Payroll LLC cannot be held legally accountable for actions related to its receipt.
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