I sent an inquiry, and this is the response:
To provide you with some background information, WARN requires employers with 100 or more full-time employees (not counting workers who have less than 6 months on the job) to provide at least 60 calendar days advance written notice of a plant closing or mass layoff affecting 50-499 employees, if these employees represent at least 33 percent of the employer’s workforce at a single employment site during any 30 or 90-day period. If the layoff affects 500 or more workers, the 33 percent rule does not apply. Not all dislocations require a 60-day notice; WARN makes certain exceptions to the requirements when layoffs and plant closings occur due to faltering companies, unforeseen business circumstances, and natural disasters. https://www.doleta.gov/layoff/docs/WorkerWARN2003.pdf
It is important to note that these layoffs must be at a single site of employment or business unit. If layoffs are distributed across locations or business units so that the thresholds above are not reached, then generally WARN would not apply. However, with regards to the staggered layoffs, if an individual layoff date does not trigger a WARN Notice, it is still possible that the aggregate layoff could trigger WARN because the WARN Act looks at the employment losses that occur over a 30-day period. For example, if an employer closes a plant which employs 50 workers and lays off 40 workers immediately, and then lays off the remaining 10 workers 25 days later, they are still required to provide advance notice. The WARN Act also looks at the employment losses that occur over a 90-day period. An employer is required to give advance notice if it has a series of small terminations or layoffs, none of which individually would be covered under WARN but which add up to numbers that would re-quire WARN notice. An employer is not required to give notice if it can show that the individual events occurred as a result of separate and distinct actions and causes and are not an attempt to evade WARN.
While the Department can provide guidance and information about the WARN Act, it has neither investigative nor enforcement authority under the WARN Act; therefore, it cannot issue advisory opinions on specific cases. Employees alleging a WARN Act violation should seek legal counsel and file an individual or class action suit in U.S. District Court. The judge will determine whether a violation has occurred. An employer who violates the provisions of the WARN Act may be found liable for an amount equal to the back wages and benefits for the period of violation, up to 60 days. In any such suit, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.
Keep in mind that individual states may have their own WARN Act with state-specific guidelines. You may want to reach out to your State Rapid Response Coordinator. They can provide you with information from finding new employment or a lawyer, to determining if your employer violated any state level laws. The contact information can be found at: https://www.doleta.gov/layoff/contact/