New York Severance — NYS-WARN 90 Days, 11.70% Tax, 2026

New York WARN: what applies#

New York WARN Act (N.Y. Lab. Law § 860) applies to employers with 50 or more employees and requires 90 days advance notice for mass layoffs, relocations, or plant closings affecting 25 or more employees at a single site. Notice period is 30 days longer than federal WARN, and the employer-size threshold is half.

How severance is taxed in New York#

New York treats severance as supplemental wages and withholds at 11.70% for 2026. Severance paid to NYC residents is additionally subject to New York City supplemental withholding of approximately 4.25%.

FAQ#

Does New York require severance pay?

No New York statute generally requires private employers to pay severance. NYS-WARN requires 90 days advance notice (or pay-in-lieu) for covered mass layoffs at employers of 50+; it does not mandate severance beyond that.

How is severance taxed in New York?

New York withholds at 11.70% on severance treated as supplemental wages (2026 rate). NYC residents also owe New York City supplemental withholding around 4.25%. Plus the federal 22% supplemental rate (37% on amounts above $1,000,000 cumulative for the year), plus FICA. State income tax is reconciled on your New York return.

What is NYS-WARN and how is it different from federal WARN?

NYS-WARN covers smaller employers (50+ vs federal 100+), requires longer notice (90 days vs federal 60), and a lower affected-employee threshold (25 vs federal 50 at a single site). Penalties for non-compliance include back pay for each day notice was not given.

Does OWBPA apply in New York?

Yes. OWBPA is federal and applies in all states. If you are age 40 or older and the employer asks you to sign a waiver of age-discrimination claims, you get 21 days to review (45 for group exits) and 7 days after signing to revoke.

Does New York have its own dismissal-pay rule beyond WARN?

New York Labor Law § 591(6) treats severance as wages for unemployment purposes only if it is allocated to a specific time period and exceeds the maximum weekly benefit. Lump-sum severance generally does not delay New York unemployment benefits; severance paid as "wages in lieu of notice" over a specific period typically does delay benefits during that period. The New York DOL ID Office determines the impact when you file.

Does NYC city tax apply to my severance?

Yes if you are a NYC resident at the time of payment. New York City supplemental withholding is approximately 4.25% (Brooklyn / Manhattan / Bronx / Queens / Staten Island). If you have moved out of NYC by the time the severance is paid and your employer has documentation, NYC withholding may not apply — confirm with payroll. NY State withholding at 11.70% applies regardless of city residency for NY-state employees.