Worker Adjustment and Retraining Notification (WARN) Act requirements are complex enough, but employers also must keep track of and comply with state and even city "mini-WARN" laws. This, the last article in a three-part series on layoffs, provides an overview of the requirements under the WARN Act and mini-WARN statutes.
"The minutiae of WARN is maddening," said Gerald Hathaway, an attorney with Faegre Drinker in New York City. "Sometimes, companies assessing the WARN requirements throw up their hands and follow the WARN notice requirements in situations where a close analysis reveals that WARN is not triggered."
For example, employers may count individuals as full-time employees who do not meet that definition under the WARN Act.
WARN Requirements
So what are the WARN Act's notice requirements, and who is covered?
"In a nutshell, the WARN Act requires a covered employer to provide 60 days' advance notice of covered plant closings and covered mass layoffs to affected employees or the employees' union representative, if any; the state dislocated worker unit; and the chief elected official of the local government," said Ben Ho, an attorney with Baker McKenzie in San Francisco.
The notice provided to each of these groups must include specific information detailed in applicable regulations, said Ted Hollis, an attorney with Quarles & Brady in Indianapolis.
Covered employers are those with at least 100 full-time employees.
There are exceptions to the full 60-day notice...
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