Such occurrences may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN offers employees early warning of impending layoffs or plant closings. The Employment and Training Administration (ETA) provides information to the public on WARN, though neither ETA nor the Department of Labor has administrative responsibility for the statute, which is enforced through private action in the federal courts.
According to WARN, employers are required to offer 60 days notice of plant closings and mass layoffs covered by the law. Generally, employers are subject to WARN if they employ at least 100 workers, not counting those who worked less than 6 months in the last 12 months or those who work less than 20 hours per week. Private for-profit and non-profit employers are covered by WARN, while federal, state and local government entities providing public services are not covered.
Plant Closings: An employer must give notice of an employment site that will be shut down and will result in the job loss for 50 or more workers during any 30-day period.
Mass Layoffs: An employer must give notice about impending mass layoffs which will result in the job loss at the employment site during any 30-day period for at least 500 workers, or for 50-499 employees should they comprise at least 33% of the workforce.
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