N.Y. Comp. Codes R. & Regs. tit. 12, § 921-2.2 – Service of notice.

(a) Notice shall be provided at least 90 days prior to separation using a reasonable and timely method of delivery designed to ensure its receipt. Acceptable forms of delivery include first class mail or personal delivery with optional signed receipt. If first class mail is used, notice must be postmarked at least 90 days prior to separation.
(b) Notice to the affected employees may also be served by:
1. (1) insertion of the notice into envelopes containing pay or envelopes containing receipts for direct deposit of pay; or
2. (2) electronic mail (e-mail). E-mail notification may be utilized only where all affected employees have regular access in the workplace to personal computers at which e-mail may be received and viewed during work hours. If an employer elects to use electronic mail to provide notice to employees, the employer must be able to demonstrate that an e-mail notice was received by each affected employee. The employee e-mail addresses used to give notice must be addresses provided to the employees by the employer and used in the conduct of business. The e-mail notice must be identified as “urgent.” Where an e-mail notice to an individual employee is returned to sender as undeliverable, notice must be provided to the employee as expeditiously as possible, e.g., overnight delivery, hand delivery, inter-office mail, etc. In any circumstance in which delivery of notice takes more than five days, the employer must extend the period of notice given to the employee by the number of days which elapsed between the date notice was first attempted and the date on which notice was finally effectuated.
(c) All notices must be sent on official letterhead of the employer or via the employer's computer network and must be signed by an individual with authority to represent the employer in this regard. Notice provided to the Department of Labor must contain the original signature of the employer representative. The employer representative must have the authority to bind the employer and must attest to the truthfulness of all information provided in the notice.
(d) Notice must be provided to the following:
1. (1) affected employees;
2. (2) representative(s) of affected employees;
3. (3) the Commissioner of Labor; and
4. (4) the local workforce investment board(s) (LWIB) where the site of employment is located. Service upon the “chief elected official of the unit of local government within which such closing or layoff is to occur” as required under the Federal WARN statute does not constitute service on the LWIB unless such chief elected official is the LWIB contact listed on the department's website. Note: Service on the LWIB as required under the State WARN Act does not satisfy the requirement to serve the chief elected official set forth under the Federal WARN Act unless such chief elected official is the contact for the LWIB listed on the department's website.
(e) Notice to the Commissioner of Labor may be mailed or faxed with a hard copy to follow in the mail, to the following address: New York State Department of Labor, Division of Employment and Workforce Solutions, State Dislocated Worker Unit, W. Averell Harriman State Office Campus, Building 12, Albany, NY 12240.
(f) Notice(s) to the local workforce investment board(s) may be mailed to the boards’ contact listed on the department’s website.
(g) Notice to affected employees is required to be given to employees who may reasonably be expected to experience an employment loss. This includes employees who will likely lose their jobs because of bumping rights, to the extent that such employees can be identified at the time notice is required to be given. If, at the time notice is required to be given, the employer cannot identify the employee who may reasonably be expected to experience an employment loss due to the elimination of a particular position, the employer must provide notice to the incumbent in that position.