North Carolina Employee Database Warning

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Multi-State
Control #:
US-DB0613AM
Format:
Word; 
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Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.

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FAQ

Cal-WARN, which is the state version of the federal WARN Act, is triggered by 50 or more layoffs of covered employees within a rolling 30-day window. The 60-day notice requirement also applies when the business is terminating operations or relocating its operations 100 miles or more away.

The WARN Act requires employers with 100 or more full-time employees (not counting workers who have fewer than 6 months on the job) to provide at least 60 calendar days advance written notice of a worksite closing affecting 50 or more employees, or a mass layoff affecting at least 50 employees and 1/3 of the worksite's ...

Because WARN provides for back pay and benefits for the period of the violation for up to 60 days, generally this approach by an employer?pay in place of notice?means that the employer has already met the penalty specified in the Act.

Employers must give a WARN notice at least 60 calendar days before any planned plant closure or mass layoff.

Federal and state law require employers to report newly hired and re-hired employees to the North Carolina State Directory of New Hires. Register with the North Carolina Department of Health & Human Services online or by phone at (888) 514-4568.

Thus, when an employer makes a reduction in force, it must look forward and backward 90 days from each employment loss to determine whether WARN obligations arise and notice must be given. Each individual layoff triggers another rolling 90-day window.

WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.

Cal WARN is triggered where a Covered Establishment layoff affects 50 employees (or one third of full-time employees at a single worksite) and lasts at least 6 months. Exemptions do apply.

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North Carolina Employee Database Warning