The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires covered employers to provide advance notice of “plant closings” and “mass layoffs” that resulting in an “employment loss” at a single site of employment during any 30-day period. See 29 U.S.C. § 2101, et seq. In addition to the statutory provisions, the U.S. Department of Labor has issued regulations establishing basic definitions and rules for giving notice. This paper does not address “mini-WARN” acts that exist in some states, which may contain different requirements.

Practice Pointer: In practice, the statute and regulations cannot adequately address every business practice that will arise. Accordingly, the Department of Labor encourages notice in ambiguous situations as “civically desirable” and as a “good business practice.”