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worker adjustment and retraining notification act

Agenda. OverviewEmployersTriggers ThresholdsWho Must Receive NoticeContent of NoticePenaltiesExemptions and ExceptionsPros and ConsWARN NoticesExamplesRecommendations . WARN Overview. Enacted on August 4, 1988Became effective February 4, 1989Provides protection to employees, their families, and communitiesRequires employers to give affected employees written notice at least 60 days in advance of any plant closing or mass layoff.

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worker adjustment and retraining notification act

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    1. Worker Adjustment and Retraining Notification Act Jenny Gurwell MGMT 610 March 5, 2003

    3. WARN Overview Enacted on August 4, 1988 Became effective February 4, 1989 Provides protection to employees, their families, and communities Requires employers to give affected employees written notice at least 60 days in advance of any plant closing or mass layoff

    4. Overview, cont. Advanced notice provides transition time: Loss of employment Alternative jobs retraining

    5. Employers Industrial and nonindustrial employers Private, for-profit employers Private, nonprofit employers Public and quasi-public entities Exemptions Federal, State, and local government entities which provide public services

    6. Triggers for Notice Plant Closing Mass Layoff Employment Loss

    7. Thresholds Employers must have 100 or more employees The closure will result in an employment loss for 50 or more employees Mass layoff will result in an employment loss at the facility for 500 or more employees Caution – 90 day “look back/look forward”

    8. Who Must Receive Notice Representative(s) of affected employees State Dislocated Worker Unit Chief elected official of the unit of local government in the area the site is located Employees Hourly and salaried workers Managerial and supervisory employees Exception: Business partners

    9. Content of Notice Name and address of employment site Name and telephone number of company official Statement permanent or temporary Expected date of separation Job titles of affected positions Number of affected employees Bumping rights Name and address of CEO of each union

    10. Penalties Up to 60 days back pay and benefits Fine - $500.00 per day Enforcement – US district courts

    11. Exemptions Plant closing or layoff at a temporary facility Closing or layoff constitutes a strike and/or lockout Closing or layoff result of the completion of a particular project

    12. Exceptions Faltering company Unforeseeable business circumstances Natural disasters

    13. Pros and Cons Pros: Protects the employee, their families, and the communities Cons: Complex, confusing, and fact-specific

    14. WARN Notices

    15. Examples Charter Behavioral Health Systems Michigan Industrial Holdings, Inc.

    16. Recommendations Consider each worker displacing event in 2 separate steps: Qualifying Notifying

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