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The WARN Act requires employers with 100 or more full-time employees (not counting workers who have fewer than 6 months on the job) to provide at least 60 calendar days advance written notice of a worksite closing affecting 50 or more employees, or a mass layoff affecting at least 50 employees and 1/3 of the worksite's ...
The law makes no provision for any alternative such as pay in place of a notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option.
Massachusetts employers laying off employees are generally required to pay an employee their final wages on the date of termination. If your employer fails to pay you your final wages you may have a wage and hour claim.
However, Massachusetts is among those states which do not have their own differing WARN Act regulations. This means that all employers conducting a mass layoff or plant closure in Massachusetts must still abide by the federal WARN Act regulations to be compliant.
The law makes no provision for any alternative such as pay in place of a notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option.