Your obligations under the Worker Adjustment and Retraining Notification Act (WARN)

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We are currently experiencing layoffs in proportions not seen in our lifetimes.  If you have more than 100 employees, you are required to comply with the WARN act.  There are exceptions – and those exceptions are likely satisfied during the current pandemic and containment measures imposed.  However, employers are still required to provide written notice to employees about the layoff.

Notice to individual employees must be written in clear and specific language that employees can easily understand and must contain at a minimum the following requirements to comply with WARN:

  • A statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect; The expected date when the plant closing or mass layoff will commence and the expected date when the individual employee will be separated;
  • An indication as to whether or not bumping rights (i.e. seniority) exist; and
  • The name and telephone number of a company official to contact for further information.

The notice may include additional information useful to the employees such as available dislocated worker assistance, and, if the planned action is expected to be temporary, the estimated duration, if known.

Gordon Law remains available to answer your questions on WARN or any other matter.  Please reach out to Aviva Gordon, Esq. at AGordon@Gordonlawlv.com

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