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3) When is an employer required to provide 60-day advance written notice under the WARN Act? Under the federal WARN Act, employers are required to provide written advance notice in the event of either a plant closing or a mass layoff. Both of these events are specifically defined under the Act.
Under the WARN Act provisions, an employer who orders a plant closing or mass layoff without providing this notice is liable to each unnotified employee for back pay and benefits for up to 60 days during which the employer is in violation of the WARN Act.
The Warn Act: Warning of Layoffs to Employees - The Federal and California Law. The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees.
There is no state law for minimum wage rates in Alabama, so most employees are entitled to the federal minimum wage of $7.25 an hour as set forth in the Fair Labor Standards Act. Tipped employees must be paid at least $2.13 an hour in cash wage and make a total minimum compensation of $7.25 per hour, including tips.
The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.
Under federal WARN Act, an employer must provide written notice 60 days prior to a plant closing or mass layoff to employees or their representative and the state dislocated worker unit (in California, the Employment Development Department, Workforce Services Division).
Not all dislocations require a 60-day notice; the WARN Act makes certain exceptions to the requirements when employers can show that layoffs or worksite closings occur due to faltering companies, unforeseen business circumstances, and natural disasters.
Overview of State Mini-WARN LawAlabama has no mini- Worker Adjustment and Retraining Notification Act or other notice requirements for group layoffs.
Congress passed the Worker Adjustment and Retraining Notification Act (popularly known as the WARN or plant closing law) in 1989. It requires employers of 100 or more employees to give 60 days' notice before closing a facility or starting a layoff of 50 people or more.
Importantly, Alabama does not have its own version of the Worker Adjustment and Retraining Notification (WARN) Act, meaning Alabama employers are not obligated to provide advance notice to employees of mass layoffs of terminations unless the employer and the scenario fall under federal WARN Act parameters.