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A mass layoff occurs under the WARN Act when: at least 50 employees are laid off during a 30-day period, if the laid-off employees made up at least one third of the workforce; 500 employees are laid off during a 30-day period, no matter how large the workforce; or.
Under the WARN Act provisions, an employer who orders a plant closing or mass layoff without providing this notice is liable to each unnotified employee for back pay and benefits for up to 60 days during which the employer is in violation of the WARN Act.
While Louisiana has no layoff notice requirements of its own, state agencies assist in enforcing the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act imposes restrictions on the way layoffs are handled.
Those sixteen states with so-called mini-WARN acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin. These mini-WARN's vary greatly in scope and effect.
The act applies to companies with over 100 active full-time employees, private and public companies and all non-profit and for-profit organizations. Employees covered under the act include both salaried and hourly employees. Employees must be employed for at least six months during the last 12 months.
3) When is an employer required to provide 60-day advance written notice under the WARN Act? Under the federal WARN Act, employers are required to provide written advance notice in the event of either a plant closing or a mass layoff. Both of these events are specifically defined under the Act.
While Louisiana has no layoff notice requirements of its own, state agencies assist in enforcing the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
Not all dislocations require a 60-day notice; the WARN Act makes certain exceptions to the requirements when employers can show that layoffs or worksite closings occur due to faltering companies, unforeseen business circumstances, and natural disasters.
The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.
Twenty states have chosen to develop their own requirements that may track or modify the federal requirements: California, Connecticut, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Oregon, Tennessee, and Wisconsin.