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Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
Overview of State Mini-WARN LawKentucky has no mini- Worker Adjustment and Retraining Notification Act or other notice requirements for group layoffs.
Twenty states have chosen to develop their own requirements that may track or modify the federal requirements: California, Connecticut, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Tennessee, and Wisconsin.
The act applies to companies with over 100 active full-time employees, private and public companies and all non-profit and for-profit organizations. Employees covered under the act include both salaried and hourly employees. Employees must be employed for at least six months during the last 12 months.
A mass layoff occurs under the WARN Act when: at least 50 employees are laid off during a 30-day period, if the laid-off employees made up at least one third of the workforce; 500 employees are laid off during a 30-day period, no matter how large the workforce; or.
WARN provides that, with certain exceptions, employers of 100 or more workers must give at least 60 days' advance notice of a plant closing or mass layoff to affected workers or their representatives, to the State dislocated worker unit, and to the appropriate local government. Effective Date: .
Those sixteen states with so-called mini-WARN acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin. These mini-WARN's vary greatly in scope and effect.
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.
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.