Rights of Workers & Temporary Layoff
In 1988, Congress enacted the The Worker Adjustment and Retraining Notification Act (WARN) that dictates the notification requirements for businesses planning layoffs. Businesses with 100 or more employees or employees that collectively, work over 4,000 hours in a week, must comply with the Act.
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Layoff Conditions
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If there is a temporary plant closing or a mass layoff that will affect 50 or more workers, last six months or more, or result in a 50 percent reduction in the hours of individual employees within a six month period, this act applies.
Notification of Employees
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Employees, or their representatives, must be given 60 days notice that there will be a temporary mass layoff or temporary plant closing. The state dislocated workers unit must be informed as well as the chief elected official of the local government that would be affected, such as mayor of the city in which the plant resides. When determining the threshold of potentially laid off employees, employees who may be affected by bumping must be included in the count.
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Company Sold
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If the company is sold, the seller must notify the employees and proper authorities up to and including the date the sale is effected. After the sale, the buyer must notify the employees and authorities of any plans to temporarily layoff workers.
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