How many days of notice does New York require?

90 days is the longest notice period the state's law sets for the employer's notice. The federal Act requires 60 days, and the federal rule applies in every state.

New York WARN Act: who is covered and how much notice

New York has its own layoff notice law on top of the federal WARN Act. This is what it says, read from the state’s own pages as of 2026-10-27, with the sources.

The rule

Private employers with 50 or more full-time employees in the state must give 90 days’ notice of a plant closing or mass layoff. A mass layoff is at least 25 full-time employees who are at least 33% of the site, or at least 250 employees. Notice goes to affected employees, their representatives, the Department of Labor and local workforce boards.

How it differs from the federal rule

Lower employer size (50) and longer notice (90 days), with lower mass-layoff counts.

Check: The Department’s public pages count full-time employees; its regulation and the State Comptroller’s audit also describe an aggregate-hours test. Check the regulation text for a specific case.

This is general information, not legal advice. The federal WARN Act applies in every state as well; see the WARN Act in plain language.

Sources

New York WARN Act questions

Does New York have its own WARN Act?: Yes. Private employers with 50 or more full-time employees in the state must give 90 days’ notice of a plant closing or mass layoff. A mass layoff is at least 25 full-time employees who are at least 33% of the site, or at least 250 employees. Notice goes to affected employees, their representatives, the Department of Labor and local workforce boards.
How is New York's rule different from the federal WARN Act?: Lower employer size (50) and longer notice (90 days), with lower mass-layoff counts.
How many days of notice does New York require?: 90 days is the longest notice period the state's law sets for the employer's notice. The federal Act requires 60 days, and the federal rule applies in every state.

Using this

Employers: draft the WARN notices and see the New York deadline and check whether notice is likely required.
Workers: New York layoff notices on file and New York unemployment benefits and how to file.
Layoffs in 2026, by month, state and company.

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