Recent Changes to Employer Notice Requirements Related to Reduction in Hours or Termination

Recent Changes to Employer Notice Requirements Related to Reduction in Hours or Termination

February 28, 2024 mariannita 0 Comments

On November 13, 2023, following Governor Kathy Hochul amendment to Section 590 of New York Labor law, after signing into law Assembly Bill (A) 00398A and Senate Bill (S) 04878A on September 14, 2023, New York State now requires employers to provide notice to their employees following a substantial reduction in their hours.  If an employer makes a permanent or temporary separation of an employee, or substantially reduces the employee’s hours to less than thirty (30) hours per week and equivalent to less than $504.00, then the employer is required to provide written notice to such affected employees of unemployment insurance eligibility.  One way to comply with this requirement is including the notice within the termination letter or in a separate letter indicating an employee’s hours have been substantially reduced.

The notice of unemployment eligibility must be in writing or in a form approved by the New York Department of Labor (“NYDOL”).  In addition, the notification must follow specific requirements, which include, but are not limited to, the employers’ name, address, and registration number, among other information required by the NYDOL commissioner.  It should be noted that such notice is required regardless of the impact on unemployment insurance payments an employer may need to make. 

As an employer, you must stay up to date on changes in unemployment benefits because this may impact the manner in which you handle layoffs, reduction in hours or terminations.

Please note that this blog should be read for informational purposes only and should not be considered legal advice.  If you have any questions or require additional information, please contact our office. 

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