Introduction
Recent amendments to the New York Worker Adjustment and Retraining Notification (WARN) Act require employers to disclose if layoffs are linked to the implementation of artificial intelligence (AI) tools. This change aims to enhance transparency and support workers affected by technological advancements.
Description
Employers subject to the New York Worker Adjustment and Retraining Notification (WARN) Act are now required to disclose whether layoffs are connected to the adoption of artificial intelligence (AI) tools. This amendment [2], proposed by Governor Kathy Hochul, adds to the existing complex notice requirements of the NY WARN Act and introduces an obligation for employers to provide affected workers with access to workforce training programs and support if AI is the reason for the layoffs. This initiative aims to gather data on the impact of technology on employment and ensure that the integration of AI benefits the workforce [2].
The NY WARN Act [1] [3], which is more stringent than the federal WARN Act [1], mandates that employers with 50 or more employees provide a 90-day advance notice before a mass layoff or plant closure [1], contrasting with the federal requirement of a 60-day notice for employers with 100 or more employees [1]. As employers prepare for potential layoff events that trigger the NY WARN Act, it is advisable to seek legal counsel to ensure compliance with these new disclosure obligations [1], especially given the lack of specific guidance on how the AI-related disclosures should be presented and how the data will be utilized, which adds another layer of complexity to the existing requirements [2].
Conclusion
The amendment to the NY WARN Act underscores the growing influence of AI on employment practices and highlights the need for regulatory frameworks that address technological impacts. By mandating disclosure and support for affected workers, the initiative seeks to balance innovation with workforce welfare, ensuring that AI integration is both responsible and beneficial.
References
[1] https://www.jdsupra.com/legalnews/new-york-proposal-to-protect-workers-6710313/
[2] https://www.shrm.org/mena/topics-tools/tools/express-requests/proposed-ai-disclosure-under-new-york-s-warn-act
[3] https://natlawreview.com/article/new-york-proposal-protect-workers-displaced-artificial-intelligence
