What is the Worker Adjustment and Retraining Notification Act (WARN)?
The Worker Adjustment and Retraining Notification Act (WARN) is a United States labor law enacted in 1988. It requires employers to provide 60 days’ advance notice to employees before a plant closing or mass layoff. The Act applies to employers with at least 100 employees, who must provide notice to both affected workers and local government representatives. Employers who violate WARN may be liable to each affected worker for: (1) back pay, and (2) benefits for the period of the violation up to 60 days. In California, employers with 75 or more employees must comply with WARN. Certain exceptions to the Act may apply under certain circumstances, such as faltering businesses, or unexpected natural disasters. When an employer violates WARN in California, affected employees may file suit in state or federal court to seek damages. Under WARN, employers are also required to provide written notice to any labor union or representative of covered employees, as well as to the state dislocated worker unit and the appropriate unit of local government. The written notice must include the date of the planned action, the numbers and job titles of affected employees, the expected date of the action, and the reason for the action. WARN is an important labor law meant to protect workers from unexpected and sudden loss of employment. It helps employees make informed decisions on what type of job to seek and how to plan for their retirement. It also provides early warning to local governments, giving them time to prepare for the economic impact of a plant closing or mass layoff.
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