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  DATE: July 19, 2002 RE: WARN Act Under the Worker Adjustment and Retraining Notification (WARN) Act, an employer generally may not order a plant closing or mass layoff until the end of a sixty (60) day period after the employer serves written notice of the plant closing or mass layoff to the representative of each affected worker, or if there is no representative, then to each worker, affected by the closing. The Act also requires that the employer notify the appropriate state agency for the state in which the plant is located. The term "mass layoff" is defined in the Act as a reduction in the workforce which results in an employment loss at a single site of employment during any thirty (30) day period for (i) at least 33% of the employees at the site and 50 or more employees or (ii) at least 500 employees (regardless of the percentage of the workforce). The WARN Act provides for a reduction in the sixty (60) day notice period if the "mass layoff is caused by business circumstances that were not reasonably foreseeable as of the time notice would have been required." In such an instance, notice would have to be given as soon as practicable, but may be given less than sixty (60) days prior to the layoff. The WARN Act also requires that the employer give notice to the state agency responsible for dislocated workers. For New York, the name and address of the agency to notify is:
Office of State Dislocated Worker Programs The State Agency also requests that you provide notice via fax to (518) 485-1445. In addition the Act requires that the highest elected local official be notified. The employer should also consider the layoff/severance provisions of any union/labor agreement and the company's own practices as expressed in any employee handbooks or historical actions. This is only a very brief summary of these laws. If additional information or greater detail is required, this office should be contacted. |
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