New York State Department of Labor: WARN filings ask whether a layoff is related to AI or other technological change

Summary

Since March 2025, employers filing a mass layoff or closing notice in the New York State Department of Labor's WARN system have been asked whether the layoff is related to technological change, including AI. Governor Hochul announced the change in her 2025 State of the State on January 14, 2025, and her office said on May 9, 2025, that DOL now requires businesses submitting layoff notices to convey whether a layoff is related to their use of AI or other technological change. As reported by Bloomberg and law-firm analysis, the filing asks whether "technological innovation or automation" contributed to the layoffs, by checkbox, and an employer that checks it is asked to name the technology. The change was made in the filing system: the State WARN Act and DOL's WARN regulations were not amended, and the regulations already let the Commissioner require additional information in the notice. DOL's public filing instructions do not describe the question. In March 2026, a DOL spokesperson confirmed to Bloomberg Law that none of the notices filed by more than 160 companies in the year after the change attributed layoffs to technological innovation or automation. DOL has not published that count itself.

Key dates

1. March 2025Takes effect
2. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 21, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. At the Governor’s direction, DOL will require businesses submitting notices of worker layoffs to its Worker Adjustment and Retraining Notification (WARN) system to convey whether a layoff is related to a businesses’ use of AI.

   Supports: 2025 State of the State directive to DOL (January 14, 2025)

   Governor Hochul Announces New Proposals to Support Small Businesses and Boost Economic Growth (January 14, 2025) Office of the Governor of New York Primary source

2. At the Governor’s direction, DOL has required businesses submitting notices of worker layoffs to convey whether a layoff is related to a businesses’ use of AI or other technological change.

   Supports: The requirement is in place and covers AI or other technological change (as of May 9, 2025)

   Governor Hochul Signs Legislation Expanding Historic Empire AI Consortium and Establishing Nation-Leading AI Protections for Responsible Growth as Part of the FY 2026 Budget (May 9, 2025) Office of the Governor of New York Primary source

3. The move, a tweak to the state’s existing WARN (Worker Adjustment and Retraining Notification) system, took effect in March after it was first proposed in Governor Kathy Hochul’s 2025 State of the State address.

   Supports: Took effect in March 2025 as a change to the WARN system

   New York State Seeks Data on Layoffs Tied to AI: Working Capital (June 12, 2025) Bloomberg News (via Bloomberg Law) Reporting or analysis

4. employers are now asked whether "technological innovation or automation" contributed to the reported layoffs. Employers report this by simply marking a checkbox on the form. If the box is checked, the employer is asked to name the technology responsible.

   Supports: Wording of the option, checkbox format and follow-up question

   As the statutory language of New York's WARN Act was not amended to reflect the request for AI-related disclosure, employers lack guidance and may question if the disclosure is optional or mandatory.

   Supports: No statutory amendment; mandatory or optional status unclear to employers

   New York WARN Act: No AI-Related Layoffs Reported in First Year of Adding AI-Related Disclosure to the System (May 18, 2026) Hunton Andrews Kurth LLP Reporting or analysis

5. But none of the notices—including from Amazon.com Inc. and Goldman Sachs Group Inc. which have integrated AI technology in their business operations—attributed layoffs to “technological innovation or automation,” an agency spokesperson confirmed.

   Supports: No notice answered yes, confirmed by a DOL spokesperson

   More than 160 companies filed mass termination notices with New York’s Department of Labor in the year following a first-of-its-kind update to the Worker Adjustment and Retraining Notification (WARN) law requiring disclosure of AI impact on the cuts.

   Supports: More than 160 companies filed in the first year

   AI-Related Layoffs Test New York’s Ability to Track Job Losses (March 10, 2026) Bloomberg Law Reporting or analysis

6. (14) Any additional information required by the commissioner.

   Supports: Section 921-2.3(a)(14): notice to the Commissioner includes any additional information the Commissioner requires; the regulation text does not mention AI or automation

   12 NYCRR Part 921, WARN regulations (text linked from DOL's WARN Regulations page) New York State Department of Labor Primary source

7. It is strongly encouraged that employers submit their WARN by using the WARN Portal

   Supports: Filing is through the WARN Portal (behind a NY.gov sign-in); the instructions list a reason for the layoff but do not describe the automation question

   WARN Notice Filing Instructions New York State Department of Labor Primary source

8. The WARN Act applies to private businesses with 50 or more full-time employees in New York State.

   Supports: Who files State WARN notices (coverage and thresholds on the same page)

   Worker Adjustment and Retraining Notification (WARN) New York State Department of Labor Primary source