The WARN Act

The Worker Adjustment and Retraining Notification Act (WARN Act) is a United States labor law enacted in 1989 to protect employees, their families, and communities by requiring most employers with 100 or more employees to provide a sixty calendar-day advance notification of plant closings and mass layoffs of employees.

Employees entitled to notice under the WARN Act include managers and supervisors, hourly wage, and salaried workers. The WARN Act requires that notice also be given to employees' representatives (i.e. a labor union), the local chief elected official (i.e. the mayor), and the state dislocated worker units.

The advance notice provides workers and their family’s transition time to adjust to the prospective loss of employment, to seek and obtain other employment, and, if necessary, to enter skill training or re-training programs that will allow these workers to successfully compete in the job market.

Often, WARN Act problems arise when employers are acquired by other companies. Generally, The WARN Act covers employers with 100 or more employees, not counting those who have worked fewer than six (6) months in the last twelve- (12) month work period, and those who work an average of less than twenty (20) hours a week.

There are exceptions to The WARN Act and there are certain situations where circumstances allow for less than the full 60 calendar day notice.

Call MainStream today to speak with one of our experienced advisors. We will help you understand how the specific situations of your company may or may not be affected by The WARN act.