WARN Act Page
WARN Act Defined
The federal Worker Adjustment and Retraining Notification Act, or “WARN” Act” for short, is a set of federal laws which generally require employers to provide at least sixty days written notice to employees before a plant closing or mass layoff.
Only certain employers are covered by the WARN Act. Employers generally must have at least 100 employees. Some part time and short term employees are not included in the count. Also some government employers may not be covered by the WARN Act.
Who is Protected by the WARN Act?
Generally employees entitled to notice under the WARN Act include hourly and salaried workers, as well as managerial and supervisory employees. Owners may not be entitled to notice.
When Must Employers Give the 60 Day Notice Required Under the WARN Act?
Employers must give not less than 60 day’s written notice when:
2. Mass Layoff: Even if there is not a “plant” closing, an employer may be required to give 60 days notice of the layoff. A covered mass layoff occurs when 50 to 499 employees are affected during any 30-day period at a single employment site (or for certain multiple related layoffs, during a 90-day period), if these employees represent at least 33 percent of the employer’s workforce where the layoff will occur, and the layoff results in an employment loss for more than six months. If the layoff affects 500 or more workers, the 33 percent rule does not apply.
If the Employer Violates the WARN Act, It Must Pay Penalties
An employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days. This may be reduced by the period of any notice that was given, and any voluntary payments that the employer made to the employee.
In addition, under Oregon Law the Employer may be liable for an additional 30 day’s of wages. (Oregon Late Pay Page)
Wage Claim Attorneys
The wage claim lawyers at Schuck Law, LLC focus their law practice on wage claim and class action wage claim lawsuits. Our wage claim attorneys prosecute WARN Act violations. Our wage claim attorneys have significant experience in prosecuting wage and hour class action lawsuits. In addition to the claims and damages for wage and hour violations outlined in this website, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the class action wage claim lawsuit. This allows the wage claim attorneys at Schuck Law, LLC to take most wage claim lawsuits, and class action wage claim lawsuits, on a contingency fee basis.
Google By David Schuck