In an attempt to bring regulations to the current economic market conditions, Congress is posed to make drastic changes in the WARN act which requires notification of plant closings. According to a notice to its clients, hte Jackson Lewis law firm has indicated that the following changes are anticipated:
under the proposed amendments, employers would be required to give advance written notification of a covered plant closing or mass layoff at least 90 days prior to the action. Employers must provide to each affected employee written WARN notice, regardless of whether a union represents that employee. In addition, the proposed amendments add new recipients of WARN notices — the Secretary of Labor and the governor of the state where the plant closing or mass layoff will occur. The chief elected official of local government, the state dislocated worker unit, the affected non-union employees and the unions, if any, representing employees, would continue to receive notice, as under current law. (The Forewarn bill excuses WARN notice requirements entirely where “the plant closing or mass layoff is due directly to a terrorist attack on the United States.”)The Forewarn Act makes significant changes in the required contents of the actual WARN notices an employer would provide. The notices would have to include:
under the proposed amendments, employers would be required to give advance written notification of a covered plant closing or mass layoff at least 90 days prior to the action. Employers must provide to each affected employee written WARN notice, regardless of whether a union represents that employee. In addition, the proposed amendments add new recipients of WARN notices — the Secretary of Labor and the governor of the state where the plant closing or mass layoff will occur. The chief elected official of local government, the state dislocated worker unit, the affected non-union employees and the unions, if any, representing employees, would continue to receive notice, as under current law. (The Forewarn bill excuses WARN notice requirements entirely where “the plant closing or mass layoff is due directly to a terrorist attack on the United States.”)The Forewarn Act makes significant changes in the required contents of the actual WARN notices an employer would provide. The notices would have to include:
- The number of affected employees;
- The reason for the plant closing or mass layoff;
- The availability of employment at other establishments owned by the employer;
- A statement of each employee’s rights to wages and severance and benefits;
- A statement of the availability of employment training services provided by the DOL; and
- Except for the notice provided to individual employees, the names, addresses, and occupations of the affected employees.
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