The Worker Adjustment and Retraining Notification Act is a federal law designed to protect workers.
One of the primary purposes of this legislation is to require employers to provide notice at least 60 days before the planned action, offering workers adequate time to prepare for the changes.
Are these state or federal claims?
The WARN Act is a federal law, but some states have laws regarding similar cases, so your case may depend on where the event happened. Employers in seven states: California, Illinois, Maryland, New York, New Jersey, Tennessee and Wisconsin will have state-level regulations for these cases.
Does it cover my workplace?
This legislation generally applies to employers with 100 or more full-time employees with at least six months on the job. It counts part-time employees whose combined hours equal the workload of a full-time employee.
The WARN Act also covers two significant events: plant closures and mass layoffs. Mass layoffs involve job loss for at least 50 employees within 30 days. Plant closures refer to the shutdown of a facility resulting in job loss for 50 or more employees. While the law mandates advance notice, there are certain exceptions to this. If the layoffs or closures result from unforeseeable business circumstances, such as a sudden economic downturn or a natural disaster, it may not enforce the 60-day notice rule.
What should I do if my employer violates the WARN Act?
If you believe your employer has violated this law, talking to an experienced attorney is important. The Department of Labor does not monitor these situations, and the only way to start a case is for an employee, current or former, to make a claim.
Upholding worker rights
Employers falling within the Act’s scope must familiarize themselves with its provisions to uphold their workforce’s rights and well-being during significant organizational changes.