PLANT CLOSINGS AND MASS LAYOFFS If you are planning to shut down a worksite or make a large, permanent layoff, federal and Minnesota laws may require you to give advance notice to your workers and certain government offices. FEDERAL WARN ACT - WHEN IT APPLIES The federal Worker Adjustment and Retraining Notification (WARN) Act applies if: • Your business has 100 or more full-time employees , and • You are planning: • A plant closing that will cause at least 50 employees at one site to lose their jobs during a 30‑day period, or • A mass layoff meeting the federal thresholds (generally 500 or more employees, or 50–499 employees if that is at least one‑third of the workforce at that site). Employers with fewer than 100 employees are not required to follow WARN, but they are encouraged to follow the spirit of the law and give as much notice as possible. Who you must notify and when If WARN applies, you must give written notice at least 60 days before the plant closing or mass layoff to all of the following: • The workers who will lose their jobs, or their union (if they are represented). • The state dislocated worker unit (in Minnesota, this is DEED’s Dislocated Worker Program and Rapid Response Team). • The chief elected official of the city, county, or other local government where the business is located. If you operate in more than one locality, you must notify the local government where you pay the highest taxes. If you violate WARN, you may be liable to affected employees for up to 60 days of back pay and the value of lost benefits they would have received during that time. An employer that fails to notify the local government may face a civil penalty of up to $500 per day of violation. Refer to U.S. Dept. of Labor (DOL), WARN Act Compliance Assistance.
MINNESOTA LAW - ADDITIONAL REQUIREMENTS Minnesota adds its own requirements on top of federal WARN:
• If you are required to give WARN notice, you must also notify DEED’s dislocated worker unit (Rapid Response Services) and provide the names, addresses, and occupations of the employees whose jobs will end.
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