Tarter Krinsky & Drogin’s client, a well-known New York City restaurant, provided 90 days’ notice of the closing of its business to its employees under New York State’s new Workers Adjustment and Retraining Notification (WARN) Act. The restaurant was then forced to close earlier than expected, arguably making the notices untimely.
The NYS Department of Labor found that the case fell within the “unforeseeable business circumstances” exception to the State WARN Act and that no violation had been committed. This was one of the first cases of its kind to be determined under the State WARN Act, which took effect February 1, 2009.
Partners Laurent S. Drogin and Richard L. Steer and Associate Tara T. Toevs of the firm’s Labor and Employment Practice advised the client in its efforts to comply with the WARN Act.