Worker Adjustment and Retraining Notification Act (WARN)
The Worker Adjustment and Retraining Notification (WARN) Act offers protection to workers, their families, and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. Notice must be provided to either affected workers or their representatives (e.g., a labor union); to the Nebraska Department of Labor; and to the appropriate unit of local government. The WARN Act is administered by the U.S. Department of Labor. More information and WARN guidance can be found on the USDOL website.
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The notification only applies if it's a certain number of people or percentage from the company being laid off. (And I'm not arguing this or a MedSol drone dropping in - I was one of the ones laid off yesterday and have been trying to research, call, and ask questions.) I received this reply from the WARN Department this morning, though I did respond asking how we know for sure what the size of the layoff was:
Good morning-
To provide you with some background information, the WARN Act requires an employer 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. Part-time employees are not counted for purposes of determining whether the WARN Act size thresholds are met. Please note that these size thresholds apply to each “single site of employment”. Knowing the size of the layoff is critical for understanding whether WARN Act notification requirements were triggered.
Not all mass layoffs and plant closings 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, or a natural disaster. More information can be found at: https://www.dol.gov/sites/dolgov/files/ETA/Layoff/pdfs/WorkerWARN2003.pdf
In Colorado, unpaid wages is equal to human trafficking charges. This law was started for construction workers not getting paid for a job they did. Now it’s going to wreck individuals who made working overtime legally impossible. I also plan on filing a complaint about unpaid wages in I incurred last year when I brought a formal complaint all the way to Craig outlining this very scenario and Dana C. They said I hope to see your name in the future in a more positive situation. I guess this what they meant. I was one of the lucky ones.
I plan on filing a complaint.