WARN Act - Layoff Notice Laws

Additional HR Resources Guide to Firing Report reveals specific steps to take to minimize legal risks Reduction in Force - RIF Plain-English report explains laws that apply to downsizing Lawful Termination Live workshops on employment law basics including terminations Supervisor Training Booklet on firing helps train managers to avoid legal pitfalls Discover policy pitfalls Audit your workplace policies before a plaintiff’s attorney does 50 Laws in 50 States Compare side by side and see exactly what employers need to do Train Supervisors DVD Fun and fast kit explains firing and 11 other danger zones Guide to Termination Master this critical HR function to avoid issues in court

Generally, the Worker Adjustment and Retraining Notification Act (WARN Act) is a federal law that requires certain employers to give advance notice of significant layoffs to the employees and others. Layoff notice requirements are intended to protect employees, their families, and communities by giving employees a transition period in which they can adjust to losing their jobs, obtain other work, or pursue training for other work.

HR Executive Answers: Downsizing Toolkit

Related articles on WARN Act - Layoff notice laws
WARN Act tools for Employment Law Letter subscribers

Although the basic idea behind the WARN Act is fairly straightforward, the law is filled with technical requirements which can trip up supervisors and HR specialists. In a nutshell, the WARN Act requires businesses that have at least 100 employees to give 60 days advance notice of any mass layoff or plant closing to affected employees, unions, and local and state governments. To determine how many employees an employer “has” under the WARN Act, it must count all employees at every location, not just the location where employees are being laid off. A number of states also have WARN Act layoff notice laws that may be stricker than the federal law and may apply to smaller employers.

State-by-state comparison of 50 employment laws in all 50 states including plant closings, health insurance continuation, unemployment compensation, and employment at will

Layoff notice is required when an employer experiences a “plant closing” or “mass layoff” in which at least 50 employees lose their jobs during a 30-day period. Although part-time employees are not counted in determining whether a reduction in force affects enough employees to trigger the WARN Act, they are entitled to WARN Act notice if they’re being laid off.

HR Hero Free White Papers: Downsizing: Getting It Right from Termination to Engaging the Survivors and 5 Alternatives to a RIF

Groups of people entitled to WARN Act layoff notice include employees affected by the reduction in force or representatives of the affected employees, the state’s dislocated worker unit, which responds on-site to assist workers facing job losses, and the local government in which the facility is located.

View all HR topics

Related articles on WARN Act Layoff Notice featured in HR Hero Line

• Unforeseeable circumstances justify layoff without WARN notice
  (Colorado Employment Law Letter, April 2009)
• Top employment issues for states in 2009: Part 1 - WARN acts, immigration, ADA, and unemployment insurance
  (Employers State Law Alert , February 2009)
• Avoiding legal pitfalls during RIFs and when reducing workers' hours
  (Missouri Employment Law Letter, October 2008)
• Do employers need to worry about the WARN Act when they layoff workers?
  (Arkansas Employment Law Letter, September 2007)

HR Tools for WARN Act

• Sample Policy - Employment Contracts