The Worker Adjustment & Retraining Notification ("WARN") Act

The Worker Adjustment and Retraining Notification Act (commonly referred to as the "WARN" Act), codified at 29 USCA section 2101 et seq., requires employers subject to the Act that are planning a mass layoff of employees or a "plant closing" to provide at least 60 days' written notice of the closure to employees and certain state and local government officials. (See WARN act section 2102(a) and Code of Federal Regulations, 20 CFR § 639.2).

Employers subject to the Act who fail to provide the required notice in the manner specified may be liable for damages. The purpose of such statutorily mandated damages is to allow for a speedy resolution of violations and to ensure compliance and discourage violations of the WARN Act.

An employer is subject WARN if it is a "company," "firm," or "business" that employs either: 100 or more employees (excluding those working part-time); or 100 or more employees who in the aggregate work at least 4,000 hours per week (not including overtime). This includes non-profit organizations as well. (See Code of Federal Regulations, 20 CFR § 639.3(a)).

There are many intricacies involved in determining compliance with WARN. For more information, contact an attorney specializing in WARN Act law.