WARN Act

Question 1

Worker Adjustment and Retraining Notification (WARN) Act

Answer 1

Requires advance notice of plant closings and mass layoffs of EEs

Applies to most ERs with AT LEAST 100 EEs

Question 2

Employment Loss

Answer 2

For WARN Act to apply, EE must suffer an employment loss

Includes being terminated without cause, being laid off for more than six months, or suffering a 50 percent reduction in hours each month of any six-month period

Question 3

Plant Closing

Answer 3

Generally occurs when 50 or more EEs suffer an employment loss at a single employment site during any 30-day period due to a permanent or temporary shutdown

Question 4

Mass Layoff

Answer 4

Generally occurs when there is not a plant closing, but at a single employment site, there is an employment loss during any 30 day period by:

(1) At least 500 EEs; or
(2) 50 to 499 EEs who make up at least 33% of ER’s active workforce

Question 5

Notice Requirement

Answer 5

ER must generally must written notice AT LEAST 60 DAYS before plant closing or mass layoff

Question 6

Penalty

Answer 6

ER liable to each EE for amount including back pay and benefits for period of violation, up to 60 days

Also subject to civil penalty of $500 per day

Question 7

Enforcement

Answer 7

An EE, a representative of an EE, and a local government official may bring an action in federal district court to enforce WARN