What is the Federal WARN Act
The Worker Adjustment and Retraining Notification Act ("WARN" Act) is a federal law that requires employers to provide at least sixty days advance written notice to employees in the event of mass layoffs and plant closings, allowing workers adequate time to seek employment elsewhere.
A number of states have their own versions of the WARN act, which differ on the federal requirements, including the California WARN Act, Illinois WARN Act, New Jersey WARN Act, and New York WARN Act.
Who is affected by the WARN Act?
Employees entitled to notice under the WARN Act include hourly and salaried workers, as well as executives, managers and supervisors. The Act also requires that notice of mass layoffs be given to employees' representatives, the local chief elected official, and the state dislocated worker unit.
When does the WARN Act apply?
The WARN Act generally applies to employers with 100 or more employees (excluding employees who have worked for less than six months and those who work less than 20 hours per week).
You may be protected by WARN if your job loss occurs as part of:
-
A "plant closing" - where your employer shuts down a facility or operating unit at a single site of employment and lays off at least 50 full-time workers.
-
A "mass layoff" - where your employer lays off either:
-
between 50 and 499 full-time workers at a single site of employment and that number is 33% of the number of full-time workers at the single site of employment; or
-
500 or more full-time workers at a single site of employment.
Laid off without proper notice?
If an employer violates the WARN Act by failing to provide proper notification of a mass layoff, employees may be entitled to compensation, including back pay and benefits. Workers may bring individual or class action lawsuits against employers who have failed to comply with the WARN Act.
Free and confidential consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.
Why Girard Gibbs?
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
