“requires employers with 50 or more full-time employees to provide at least 90 days’”
Do you have any idea what the penalty is for not complying? Also, what if the company simply doesn’t have enough money to continue paying the salaries for 90 days?
Under WARN, an employer can give less than 60 days notice if one of these exceptions applies (the employer must still give as much notice as possible and explain why it couldn’t give the full 60 days that would otherwise be required):
Unforeseeable business circumstances. If the business circumstances leading to the plant closing or layoff were not reasonably foreseeable when the employer should have given 60 days’ notice, a shorter notice period is allowed.
Faltering company. If a company is struggling financially when it should have given 60 days’ notice, it can give a shorter period of notice. However, the company must show that it was actively seeking business or money that would have allowed it to postpone or avoid the plant closing altogether, and that it reasonably believed, in good faith, that giving 60 days’ notice would have precluded it from obtaining the necessary business or money. This exception applies only to plant closings, not mass layoffs.
Natural disasters. If the layoff or plant closing results from a natural disaster, the employer is allowed to give less than 60 days’ notice.
New York’s mini-WARN law recognizes all of these exceptions, too. In addition, New York employers need not give notice of job losses due to physical calamity, acts of terrorism, or war.
If Your Rights Have Been Violated
If you believe your rights have been violated, you should consult with an experienced New York employment lawyer. WARN includes the right to attorney fees if you win, so it provides an incentive for lawyers to take strong cases. However, the damages available to any one employee are relatively low. Therefore, a lawyer may advise either trying to negotiate a settlement or going forward on behalf of all affected employees, as part of a class action lawsuit.
https://www.nolo.com/legal-encyclopedia/new-york-layoff-laws.html
Should have cut by 3 4 or 5 weekly.
Federal penalty is up to 60 days back pay, less any pay in lieu of notice. I have no idea what the New York penalties are.