§ 639.6 Who must receive notice? The federal WARN Act generally applies to employers with the equivalent of 100 or more full-time employees. A Guide to Advance Notice of Closings and Layoffs provides additional information about the Federal WARN Act. 372, 49 Stat. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } § 639.10 When may notice be extended? Washington, DC 20210 In other words, even if the event will affect more than 50 employees and could constitute a plant closing or mass layoff at the outset, if the employer recalls enough of the employees before the end of the six-month period so as to avoid having at least 50 employees suffer a loss of employment, the WARN Act requirements will not have been triggered. Under the statute, an employer who orders a plant closure or mass layoff in violation of the WARN Act shall be liable to each affected employee for (1) back pay for each day of violation, and (2) benefits under an employee benefit plan described in section 3 of the Employee Retirement Income Security Act of 1974.7. It requires most employers with 100 or more employees to provide employees, bargaining representatives of the employees (i.e., unions), and specific government agencies at least 60 days notice of any plant closing and mass layoff. En español. What triggers federal WARN Act obligations? Summary The federal Worker Adjustment and Retraining Notification (WARN) Act (29 U.S.C. § 639.2 What does WARN require? An official website of the United States government. This guide provides a brief overview of the WARN Act provisions and answers to frequently asked questions about employer responsibilities and requirements. There are three exceptions to the notice requirements in the WARN Act that may apply to plant closings or layoffs resulting from COVID-19: (1) the “unforeseeable business circumstances” exception; (2) the “natural disaster” exception; and (3) the “faltering company” exception. To qualify as a covered event under the federal WARN Act, the following conditions must be satisfied: • A plant closing must result in an “employment loss” (as defined in subsection C. below) for 50 or more The National Labor Relations Act, referred to in text, is act July 5, 1935, ch. Notice Required If Relocating: The federal WARN Act regulations do not require organizations to provide notice for a relocation if the relocation is separate from, and doesn’t constitute, a mass layoff or plant closing. It includes stronger provisions than the federal act. Under the WARN Act, an employer may shut down a single site of employment (i.e., plant closure, single facility, or operating unit) prior to the expiration of the 60-day period if, at the time the notice would have been required, the employer was seeking financing which, if obtained, would have obviated the need for the closure.15 This exception may be of use to certain financially strapped companies that are forced to close a single site of employment as a result of COVID-19. Code §§ 1400, et seq.) Click here. As a result, many employers are faced with the reality that layoffs, furloughs, and/or closures have occurred or may soon become necessary. Plant closings and mass layoffs trigger federal WARN Act obligations. This fact sheet explains the exceptions to providing advance notice when dislocations occur due to natural disasters. The company is required to notify employees of layoffs under the federal WARN (Worker Adjustment and Retraining Notification) Act, introduced in 1988 to …