The Worker Adjustment and Retraining Notification Act (WARN) requires employers who anticipate a “plant closing” or “mass layoff” to give advance notice. This notice period is intended to provide workers an opportunity to find new employment or obtain job training before their termination. Employers who fail to provide the required notice under WARN are liable for back pay and benefits for the period for which notice was not given, in addition to civil money penalties. WARN requires covered employers who anticipate a plant closing or mass layoff to provide such notice to affected employees (or their bargaining representatives), the state’s agency designated to carry out rapid response activities and the chief elected local government official.
WARN generally applies to employers with 100 or more employees. Specifically, employers of 100 or more employees, excluding part-time employees or employers of 100 full- or part-time employees who altogether work at least 4,000 straight-time hours per week (excluding overtime), are subject to the Act. WARN also can apply to public and certain quasi-public entities that engage in business (for example, take part in a commercial or industrial enterprise, supply a...
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