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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.
Wisconsin enforces its own version of the federal Worker Adjustment and Retraining Notification (WARN) Act, known as the Wisconsin Business Closing and Mass Layoff Law (Wis. Stat. § 109.07; Wis. Admin.
The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN.
WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.
What is the difference between the California and federal WARN Acts? The California WARN Act (Labor Code 1400 1408 LC) is generally more employee-friendly than the federal law's WARN Act. (This is the case with most other California labor laws as well, such as wrongful termination laws and workplace harassment laws.)
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.
The WARN Act is triggered by: Plant closings. The shutdown of a single employment site, facility or operating unit, that results in a loss of at least 50 full-time employees, during a 30 day period or. Mass layoffs.
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.
Minnesota does not have a statute directly analogous to the federal Worker Adjustment and Retraining Notification Act (WARN Act). Minnesota's Early Warning System statute encourages, but does not require, employers to give notice of the following events: A plant closing.
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.