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REMINDER: New York Employers Should Use This Form When Terminating/Furloughing Employees OR Reducing Length of Workweek!

May 4, 2020

Employers in New York State must provide any employee whose employment is ending (either permanently or until recalled) or who will be working less than four days per week and earning less than $504 with the following information:

  • New York State Employer Registration Number
  • Federal Employer Identification Number (FEIN)
  • Employer Name
  • Employer Address

The New York State  Department of Labor (NYSDOL) Form IA 12.3 can be used for this purpose.

While employers are already required to provide this information to employees, this is typically satisfied via the annual W-2, which may not be readily available for employees at the present time. As employment status changes surge due to COVID-19, claims for unemployment benefits have reached unprecedented levels. In her statement on April 29, 2020, NYSDOL Commissioner Roberta Reardon cited missing employer information, chiefly the FEIN, as the number one reason for delays in unemployment claims processing. Therefore, the NYSDOL has issued a directive to employers to provide the information again in an attempt to improve the process.

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Drogin, Laurent S. Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice 212.216.8016 VCard

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