State Law
CALIFORNIA
Cal. Lab. Code: §§ 1400-1408
Covered Employers
“Covered establishment” – Any industrial or commercial facility, or part thereof, that employs, or has employed within the preceding 12 months, 75 or more people
“Employer” – directly or indirectly owns covered establishment; parent corporation is an employer as to any covered establishment owned by its subsidiary
Covered Events
“Mass layoff” – 50 or more employees during 30 day period
“Relocation” – removal of all or substantially all of the industrial or commercial operations to a different location 100 miles or more away
“Termination” – cessation or substantial cessation of industrial or commercial operations
Requirements
Covered employers must give written notice, at least 60 days before event, to affected employees, Employment Development Department, local workforce investment board, and chief elected official of city and county government.
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act.
CONNECTICUT
Conn. Gen Stat. § 31-51n; § 31-51o
Covered Employers
“Covered establishment” – any industrial, commercial or business facility which employs, or has employed at any time in the preceding 12 months, 100 or more persons
“Employer” – directly or indirectly owns, operates or has a controlling interest in covered establishment.
Covered Events
“Relocation” – removal of all or substantially all of industrial or commercial operations to a location outside the state of Connecticut
“Closing” – permanent shutting down of all operations within a covered establishment
Requirements
Covered employers must give written notice, at least 60 days before event, to affected employees, Employment Development Department, local workforce investment board, and chief elected official of city and county government.
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act.
HAWAII
HRS §394B-1 et seq.; Hawaii Admin. Rules §12-506-1 et seq.
Covered Employers
“Covered establishment” –industrial, commercial or other legal business entity employing at least 50 people in the State of Hawaii at any time during the preceding 12 months
Covered Events
“Closing” – permanent shut down of all operations within covered establishment resulting in actual or potential lay-off or termination of employees
“Partial closing” – permanent shut down of a portion of operations within covered establishment resulting in actual or potential termination of a portion of employees
“Relocation” – removal of all or substantially all of industrial, commercial or business operations to a location outside the State of Hawaii
Requirements
Covered employers must provide written notice, at least 60 days before event, to affected employees and to the Director of the Hawaii Department of Labor and Industrial Relations.
Affected employees who do not receive any supplemental unemployment compensation benefits as a result of any contractual agreement arrived at through a collective bargaining process are eligible for dislocated worker allowance payments from the employer, consisting of the difference between the employee’s average weekly wages prior to the covered event and the unemployment insurance weekly benefit amount. Upon receipt of a valid claim for such payment, the employer must pay the employee a dislocated worker allowance payment for a total of 4 weeks.
Damages
Covered employers who violate the notice requirements are subject to civil penalties available under Hawaii statutes.
ILLINOIS
820 Ill. Stat. Ann. §65/1 et seq.; 30 Ill. Stat. Ann. § 760/15
Covered Employers
“Employer” –business enterprise that employs 75 or more employees (excluding part-time) or 75 or more employees who in the aggregate work at least 4,000 hours per week
Covered Events
“Mass layoff” – reduction in force which is not the result of a plant closing and results in employment loss at single site of employment during any 30 day period for at least 33% of employees and at least 25 employees (excluding part-time), or at least 250 employees (excluding part-time)
“Plant Closing” – permanent or temporary shutdown of single site of employment, or one or more facilities or operating units within a single site, if shutdown results in employment loss during any 30 day period for 50 or more employees (excluding part-time)
Requirements
Employer must provide written notice, at least 60 days before event, to all affected employees and representatives of affected employees, as well as Department of Commerce and Economic Opportunity and chief elected official of each municipal and county government
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act
Civil penalty for failure to provide the required notice to government units is same as under the federal WARN Act
IOWA
I.C.A. § 84C.1 et seq.
Covered Employers
“Employer” – employs 25 or more employees, excluding part-time
Covered Events
“Business closing” – permanent or temporary shutdown resulting in employment loss for 25 or more employees, excluding part-time
“Mass layoff” – reduction in employment force that is not the result of a business closing and results in employment loss during any 30 day period for 25 or more employees, excluding part-time
Requirements
Employer must provide written notice, at least 30 days before action, to all affected employees or their representatives, and to the Department of Workforce Development
Notice requirement may be reduced by the number of days for which severance payments or wages in lieu of notice are paid to the employee for work days occurring during the notice period. Such payments must be at least an amount equivalent to the regular pay the employee would earn for the work days occurring during the notice period.
Damages
Employer who fails to notify the Department of Workforce Development is subject to civil penalty of not more than $100 per day for each day of the violation.
KANSAS
K.S.A. 44-616
Covered Employers
Any person, firm, or corporation engaged in the operation of any such industry, employment, utility, or common carrier
Covered Events
Limitation or cessation of operations for the purpose of limiting production or transportation, or to affect prices
Requirements
Covered entities must apply to Kansas secretary of labor for authority to limit or cease operations, stating the reasons, and if such application is deemed to be in good faith and meritorious, the secretary shall grant authority to do so.
Damages
None
MAINE
26 ME Rev. Stat. Ann. § 625-B
Covered Employers
“Covered establishment” –industrial or commercial facility or part thereof which employs, or has employed in the preceding 12 months, 100 or more people
“Employer” – directly or indirectly owns and operates a covered establishment; parent corporation is deemed employer of any covered establishment owned and operated by its subsidiary
Covered Events
“Relocation” – removal of all or substantially all of industrial or commercial operations to a new location, inside or outside the State of Maine, 100 or more miles from the original location
“Termination” – substantial cessation of industrial or commercial operations
“Mass layoff” – lay off of 100 or more employees at covered establishment
Requirements
Covered employers must pay each affected employee severance pay at the rate of 1 week’s pay for each year of employment; severance pay shall be in addition to any final wage payment and shall be paid within 1 regular pay period after the last full day of work.
Employer must provide at least 60 days notice to the Director of the Bureau of Labor Standards, affected employees, and municipal officers of the municipality where the plant is located.
Employer must submit report to Director within 7 days of any mass layoff, reporting the expected duration and whether it is indefinite or definite.
Damages
Civil penalty for violation of notice requirement is same as under the federal WARN Act.
Employer who violates the severance pay requirement is subject to a civil penalty of not more than $1,000 per violation; each affected employee constitutes a separate violation.
MARYLAND
MD Ann. Code § 11-301 et seq.
Covered Employers
“Employer” – any person, corporation, or other entity that employs at least 50 individuals and operates an industrial, commercial or business enterprise within the State of Maryland
Covered Events
“Reduction in operations” – relocation of a part of employer’s operation, or shutting down of a workplace or portion of the operations of a workplace, that reduces the number of employees by at least 25% or 15 employees, whichever is greater, during any 3 month period
Requirements
Voluntary guidelines recommend that, whenever possible and appropriate, employers give at least 90 days notice and provide a continuation of benefits to employees who will be terminated due to a reduction in operations
Damages
None (Voluntary guidelines)
MASSACHUSETTS
M.G.L.A. 151A § 71B; 149 § 182; 175 § 110D; 175 § 110G
Covered Employers
Voluntary guidelines apply to any employer utilizing financing issued, insured, or subsidized by a quasi-public agency of the Commonwealth
Mandatory notice requirements for change of location apply to any owner of a factory, workshop, manufacturing, mechanical, mercantile or other establishment with 12 or more employees
Mandatory notice requirement for closing of facility applies to any individual, corporation or other private business entity (except seasonal), which owns or operates a plant, factory, commercial business, hospital, institution or other place of employment within the Commonwealth for at least 1 year and which had 50 or more employees during any month in the preceding 6 months.
Covered Events
“Partial closing” – permanent cessation of a major discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of said facility and which affects workers and communities in a manner similar to that of plant closings.
“Plant closing” – permanent cessation or reduction of business at a facility which results or will result in the permanent separation of at least 90% of the employees of said facility within a period of 6 months prior to the actual or anticipated date of the closing.
Requirements
Voluntary Standards of Corporate Behavior: recommend that covered employers make good-faith effort to provide affected employees with “longest practicable advance notice in cases where notice is possible and appropriate,” and maintenance of health insurance benefits. No specific minimum requirement for notice, but Commonwealth “expects” companies to provide at least 90 days or equivalent benefits whenever possible.
Covered entities shall notify the Commissioner of the Department of Career Services of the commencement or change of location of its operations within the Commonwealth of Massachusetts.
Covered employers who are closing a facility shall “promptly” report to the director of the department of labor and workforce development such information as may be necessary to determine an employee’s reemployment assistance benefits rights.
Employees who have been terminated as a result of a covered closing are eligible for reemployment assistance benefits in an amount equal to the difference between the weekly benefit amount and 75% of the employee’s average weekly wage, as well as a continuation of health benefits.
Damages
Covered entities who fail to provide notice of the change of location of operations within the Commonwealth to the Department of Career Services are subject to a fine of not more than $100
MICHIGAN
M.C.L.A. 450.731 et seq. “The Employee-Owned Corporation Act”
Covered Employers
Voluntary guidelines apply only to “employee-owned corporations” which are defined as business operations that are controlled by, and designed to maintain control by, their employees
Covered Events
“Closing” – permanent shut down of operations at any establishment with at least 25 employees
“Relocation” – transfer of part of a corporation’s operation from one establishment to another existing or proposed establishment which results in reduction of at least 25 employees at the first establishment
Requirements
Voluntary notice guidelines: the Department of Labor “encourages” businesses to give notice of closings and/or relocations “as early as possible” to the Department, affected employees, any organization representing affected employees, and the community in which the business is located
Damages
None (Voluntary guidelines)
MINNESOTA
Minn. Stat. Ann. §116L.17; §116L.976
Covered Employers
Voluntary guidelines apply to all business establishments that are considering a decision to effect a plant closing, substantial layoff or relocation of operations located in Minnesota
Covered Events
“Plant closing” – the announced or actual permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site, resulting in an employment loss at the site of 50 or more employees (excluding part time) during any 30 day period
Requirements
The Commissioner of Employment and Economic Development “encourages” all business establishments to voluntarily give notice of a plant closing, substantial layoff, or relocation of operations, “as early as possible” to the Commissioner, the affected employees, any organization representing affected employees, and the local government unit in which the establishment is located
Damages
None (Voluntary guidelines)
NEW HAMPSHIRE
N.H. Rev. Stat. §275-F:1 et seq.
Covered Employers
“Employer” – any business enterprise that employs, in New Hampshire, 100 or more employees, excluding part-time, or 100 or more employees who in the aggregate work at least 3,000 hours per week, exclusive of overtime
Covered Events
“Mass layoff” – a reduction in force which is not the result of a plant closing and results in employment loss at a singe site of employment in New Hampshire during any 30 day period for at least 250 employees, excluding part-time or seasonal, or at least 25 employees if they constitute 33% of the full-time employees
“Plant closing” – the permanent or temporary shutdown of a single site of employment in New Hampshire, or one or more facilities or operating units within a single site, if the shutdown results in an employment loss during any 30 day period for 50 or more employees, excluding part-time
Requirements
Covered employers must give written notice, at least 60 days prior to event, to all affected workers, representatives of affected employers, the Commissioner of Labor, the New Hampshire attorney general, and the chief elected official of each municipality in New Hampshire within which the plan closing or layoff occurs.
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act.
The New Hampshire Department of Labor has a lien on the business revenues and all real and personal property of the employer in the amount of the employer’s liability under this statute.
Any employer who fails to provide the required notice will be subject to a civil penalty of up to $2,500, plus a penalty of up to $100 per employee for each day of the violation.
NEW JERSEY
N.J.S.A. § 34:21-1 et seq.
Covered Employers
“Employer” –individual or private business entity that employs 100 or more full-time employees at a single place of employment (including groups of facilities which form an office or industrial park) which has been operated by the employer for a period longer than 3 years
Covered Events
“Mass layoff” –reduction in force which is not the result of a transfer or termination of operations and which results in the termination of employment at an establishment during any 30 day period for 500 or more full time employees or for 50 or more full-time employees representing at least 1/3 of the full-time employees
“Termination of operations” – permanent or temporary shutdown of an establishment
“Transfer of operations” – permanent or temporary transfer of establishment to another location, inside or outside of the State of New Jersey
Requirements
Covered employers must provide written notice, at least 60 days prior to the event, to the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the establishment is located, each affected employee and any collective bargaining units of employees at the establishment.
Damages
Any covered employer who fails to provide the required notice is liable to each affected employee for severance pay equal to one week of pay for each full year of employment. The rate of pay is calculated as the average regular rate of compensation received by the employee during the last 3 years of employment with the employer, or the final regular rate of compensation paid to the employee, whichever rate is higher.
NEW YORK
NY Labor Law Article 25A § 860 et seq. “New York State Worker Adjustment and Retraining Notification Act”
Covered Employers
“Employer” – any business enterprise that employs 50 or more employees, excluding part-time, or 50 or more employees that in the aggregate work at least 2,000 hours per week
Covered Events
“Mass layoff” – reduction in force which is not the result of a plant closing and which results in an employment loss at a single site of employment during any 30 day period for at least 33% of the employees and at least 25 employees (excluding part-time), or at least 250 employees (excluding part-time)
“Plant closing” – permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site, resulting in an employment loss during any 30 day period for 25 or more employees (excluding part-time)
“Relocation” – removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 or more miles away
Requirements
Covered employers must provide written notice, at least 90 days before the event, to all affected employees and representatives of affected employees, the Department of Labor, and the Local Workforce Investment Boards for the locality in which the layoff, relocation or employment loss will occur.
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act
Civil penalty for failure to provide required notice to government unit is same as under the federal WARN Act
OHIO
Ohio Rev. Code Ann. § 122.13 et seq.
Covered Employers
Applies only to employee-owned corporations
Covered Events
“Closing” – permanent cessation of operations at an establishment that employs at least 25 people
“Relocation” – removal of all or substantially all of the industrial or commercial operations in an establishment to a new location, inside or outside the State of Ohio, that is 100 or more miles from the original location.
Requirements
No specific requirements placed on covered employers. Rather, gives Director of Development authority, upon the request of any individual/group of individuals/employees/organization of employees/local community affected by any closing or relocation of business establishment’s operations, to conduct an initial study of the feasibility of the employees of the business establishment to continue the operations or to operate another business and to provide any other needed assistance.
Damages
None
OREGON
Oregon Rev. Stat. 285A.510 et seq.
Covered Employers
Refers to federal WARN Act for definitions of “employer,” “mass layoff,” and “plant closing”
Covered Events
Refers to triggering events covered by the federal WARN Act
Requirements
Notice as required by the federal WARN Act must be given to the Oregon Department of Community Colleges and Workforce Development
Damages
None
TENNESSEE
T.C.A. § 50-1-601 et seq.
Covered Employers
“Employer” – any person, corporation, or other entity which employs at least 50 but not more than 99 full-time employees at a workplace located within Tennessee
Covered Events
“Reduction in operations” – closure, “modernization,” or relocation more than 50 miles away, of a workplace, or portion of the operations therein, resulting in reduction of 50 or more employees during any 3 month period; also includes implementation or application of any management policy which results in a reduction of 50 or more employees during any 3 month period
Requirements
Upon notifying affected employees of a reduction in operations (no specific time requirement given), the employer shall then notify the Commissioner of Labor and Workforce Development by telephone and inform the Commissioner of the “circumstances” of the reduction and the number of employees affected.
Written notices required by the federal WARN Act should be sent to the official union representing the employees or each affected employee, the chief elected official of local government, and the Tennessee Department of Labor & Workplace Development’s Dislocated Worker Unit.
Damages
None
WISCONSIN
W.S.A. 109.07
Covered Employers
“Employer” – any business enterprise that employs 50 or more people in the State of Wisconsin
Covered Events
“Business closing” – permanent or temporary shutdown of employment site, or of one or more facilities or operating units at site or within a single municipality, affecting 25 or more employees, excluding “new” or “low hour” employees. New employees are those who have been employed by the employer for less than 6 of the 12 preceding months. Low hour employees are those that average fewer than 20 hours per week.
“Mass layoff” – reduction in employer’s work force that is not the result of a business closing and that affects at least 25% of the employer’s work force or 25 employees, whichever is greater, or at least 500 employees.
Requirements
Covered employers must provide written notice, at least 60 days prior to event, to any affected employee, any collectiv3e bargaining representative, the highest official of any municipality in which the affected employment site is located, and the Department of Workforce Development. The employer shall also provide a copy of the required notice to the office of the Commissioner of Insurance.
Damages
Employer liability for back pay and value of benefits is same as under the federal WARN Act
Civil penalties for failure to notify government unit is same as under the federal WARN Act