The Federal WARN Act applies to plant closings and mass layoffs. A mass layoff is defined as a reduction of 500 employees at a single job site or 50 – 499 employees if the layoff equals 33% of the total workforce. A plant closing is the complete shutdown of a single facility which results in the loss of employment for 50 or more full time employees during a continuous 30-day period.
WARN also applies to layoffs and plant closings that occur over the course of 90 days to prevent employers attempting to work around the intent of the WARN Act.
California’s Mini-WARN Act applies to plant closings, relocations and mass layoffs. Mass layoffs are defined as job loss for 50+ employees in a 30-day period. The Mini-WARN Act applies to plants, industrial or commercial facilities with 75+ employees and the relocation of such plants over 100 miles away.
Employees affected by plant closings, relocations or layoffs covered by WARN or California’s Mini-WARN Act are entitled to 60 day advance notice. Union members may not receive individual notice as the employer is required to notify the union bargaining reps who are expected to notify the affected employees.
California employers may be liable for the balance of 60 days pay for each laid off employee, legal fees, a penalty up to $500 for each day the employer is in violation of the WARN Act.
If you or a loved one are affected by a plant relocation or closing, or a large layoff that violates the state or federal WARN Acts, contact our experienced attorneys who will aggressively represent you in settlement discussions or in court.