The Worker Adjustment and Retraining Notification Act (‘WARN” Act), enacted in 1988, 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.

The WARN Act 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). A “mass layoff” is defined as a layoff which results in the loss of at least 33% of the employee workforce.

The Act states that both hourly and salaried employees, including those in managerial and supervisory positions, are entitled to receive notification. Notice must be provided to either the affected employees or their representative, such as the head of the employee’s labor union.

The WARN Act does not apply if the mass layoff or plant closure was caused by a natural disaster, such as a hurricane or earthquake, or by business circumstances that were not foreseeable 60 days before the layoff or closure occurred.

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 or benefits, for the period of violation. Workers may bring individual or class action lawsuits against employers who has failed to comply with the WARN Act.

Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you were denied the notification required by the WARN Act, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.