WARN Act

System

The WARN Act applies to any employer with 100 or more employees. If the employer has two different plant locations, approximately 70 miles apart, does the shutdown of one of the facilities that employes about 75 people trigger a WARN act notification? The language I have read stipulates that for purposes of the determining the 100 employee threshold, the number of employees working at different locations is combined, which in this scenario means shuting down the one plant would trigger notification. Is there a provision that spells out how far apart the facicities have to be to be considered as separate entities for purposes of determining the 100 employee threshold? Any forumites out there had any recent experinece with WARN act scenarios?

FunHRBanker

Ok, I'll be the dummy...what's the WARN Act?

System

Worker Adjustment and Retraining Notification Act. It requires 60 days notice to employees subject to mass layoffs or plant closings.

NaeNae55

Here is a link to some good info:

[url]http://www.doleta.gov/programs/factsht/warn.htm[/url]

According to what I read, if you are laying off these workers within 30 days of each other then you must do the notification. I understand that if you are closing a facility or if you are doing massive layoffs (33% of the workforce) you must notify them. The info on the website should help you out.

Good luck!

Nae

ray a

It's been several years, but when it did affect us, we gave the notifications only to the ee's in the affected plant. The definitions refer to a specific plant closing or mass layoffs at a location, so we treated each plant as separate entities not affected by each other when there were layoffs.

System

I was really wondering if ALL facilites had to be counted to determine if an employer met the "100 employee threshold" when determining whether the law applies. I have since contacted our attorney who said that all locations must be counted when determining if the law applies to you. It doesn't matter how far apart they are - if the company has 100 or more employees across all locations, the act applies to any facility that has 50 or more employees that are affected by a mass layoff or plant closing. Thanks to all who offered input.