What is the Worker Adjustment and Retraining Notification Act (WARN)?

The Worker Adjustment and Retraining Notification Act (WARN) is a federal law that requires employers with 100 or more employees to provide at least 60 days’ notice before a plant closure or mass layoff. WARN applies to private for-profit employers, private nonprofit employers, and certain state and local government entities. WARN is administered by the U.S. Department of Labor. In West Virginia, WARN applies if a company plans to close a facility or conduct a mass layoff or if it plans to relocate a facility outside of the state that results in job loss. WARN also applies if the company plans to lay off more than 33 percent of its workforce in any 30-day period. Employers must provide notice to affected workers, local government, and unions prior to the layoff. The purpose of WARN is to give employees and their families time to adjust to job loss and transition to other work. Employees affected by WARN are eligible for certain benefits, such as job counseling and training services, Unemployment Insurance, or Worker Adjustment Assistance. Employers who do not comply with WARN can be held liable for back pay and benefits, up to a full 60 days of wages and benefits.

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