Puerto Rico Memo - Warning of Impending Layoff
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How to fill out Memo - Warning Of Impending Layoff?
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FAQ
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.
What to say:Be direct from the start, explaining there is no other position available and the employee is being laid off.Explain actions that need to be taken (timesheet submission, exit paperwork, and unemployment paperwork)Express gratitude for the employee's service.More items...?
The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days' notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice.
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.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
How to write a layoff letterAddress the letter directly to the employee.Be direct and concise about the layoff.Thank the employee for their contributions.Provide guidance for benefits and pay.List relevant resources for the employee.Include your name, title and contact info.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
7 elements of a layoff memoBegin the memo with the layoff details.Include language required by the WARN Act, if applicable.Explain the reason for the layoff.Give details of the layoff process.Highlight severance benefits and outplacement services.Promote future goals.Thank and show empathy for affected employees.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
