DOL Issues WARN Act Guidance For Employers
Businesses who will be unable to rehire employees they laid off or furloughed due to the COVID-19 pandemic might have to give those workers notice of the permanent termination, reports TLNT.
Businesses would be forced to provide such a notice under guidelines the U.S. Department of Labor recently added to the Worker Adjustment and Restraining Notification Act (WARN).
WARN requires American businesses to provide at least 60 days notice of mass layoffs or plant closing so that workers have time to explore more employment options. A mass layoff under warn is classified as either an employment loss of 50-499 workers that represent one-third of a workforce or any layoff of more than 500 people. Employees who work less than 20 hours a week or have been employed for less than six months are not counted under WARN criteria.
Businesses covered under warn are those who employ more than 100 full-time workers or a total of 100 full-time and part-time workers who perform a combined 4,000 hours of work per week.
Employers don't have to supply notice to workers they intend to rehire within six months. However, once employers realize they layoff or furlough will have to be extended longer, beyond six months, they should conduct a WARN Act analysis to ensure they're not breaking any rules.
For more on TLNT's explanation of the WARN Act, click here.
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