W13: WARN Flashcards
What does WARN stand for?
Workers Adjustment Retraining Notification
What is the purpose of WARN?
Give workers and communities time to prepare for the economic impact of large-scale job losses, allowing them the opportunity to seek new employment, retrain, or access other assistance before being laid off
What is WARN designed to protect?
protect workers by requiring certain employers to provide advance notice in the event of a mass layoff or plant closure
What is Reductions in Force (RIF)?
It occurs when business considerations cause an employer to eliminate one or more positions within the company
it is not a reduction in force when…
employees are replaced with another employee who is assigned to perform the persons duties in addition to other duties or when the work is redistributed among other existing employees performing related work
What are some exceptions of WARN?
-Strikes or lockouts
-Natural disaster
-faltering company
-unforeseeable business circumstances
-temporary work
Employers with 100+ full time employees must provide a _ day notice if _ employees are laid off within a 30 day period
60 day if 50
Employers are required to give a notice of 60 days if at least _ employees are laid off at a single site, regardless of the _
500, duration
When a company downsizes, what population is impacted the most?
employees in age protected classes
What are 3 of the criteria when selecting employees to downsize?
-develop clear, objective criteria
-establish criteria before downsizing
-apply criteria consistently
-review selections and decisions for disparate impact among workers 40+
-offer opportunities to employees faced with downsizing
What are some criteria to avoid when downsizing?
-do not use code words suggesting bias against older workers
-do not hire additional younger employees or substantially change the duties of existing employees to absorb the duties of terminated employees
-do not use criteria based on any of the protected class characteristics
