Governor David Paterson recently signed the New York State Worker Adjustment and Retraining Act (WARN) into law. The law (Labor Law Article 25-A) is patterned after, but more stringent than, the federal WARN act. Effective February 1, 2009, private employers with fifty or more employees must provide written notice ninety days before any plant closing or mass layoff. The notice must be given to affected employees and their union representatives, the New York State Department of Labor, and the local workforce investment board. Companies that violate the Act subject themselves to suits for back pay and benefits as well as civil penalties of up to $500 per day. Due to inconsistencies with the federal WARN act and questions about some requirements of and definitions in the act, covered employers should consult their legal counsel before layoffs of any size.