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Like most states, North Dakota provides an exclusive remedy provi- sion in its workers' comp law. In short, an employee gives up the right to sue her employer for workplace injuries in exchange for a workers' comp system that provides the assurance of benefits regardless of the employee's own fault for the injuries.
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.)
North Dakota is an employment-at-will state (ND Cent. Code Sec. 34-03-01). Therefore, an employer may generally terminate an employment relationship at any time and for any reason, unless an agreement or law provides otherwise.
Overview of State Mini-WARN LawNorth Dakota has no mini- Worker Adjustment and Retraining Notification Act. However, the North Dakota Administrative Code requires employers to provide notice of mass layoffs: To the public employment service (Job Service North Dakota) office closest to the workers' place of employment.
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.
Sixteen states, with New Jersey being the most recent addition and New York soon to follow, currently have laws requiring advance notice to employees or others in the event of worksite closings or large layoffs.
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 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.