Workforce Investments

Worker Adjustment and Retraining Notification (WARN) Act

Overview

The WARN Act offers protection to workers, their families, and communities by requiring employers to provide notice by requiring that employers give a 60-day notice to the affected employees and both state and local representatives prior to a plant closing or mass layoff.

Advance notice provides employees and their families time to transition and adjust to the prospective loss of employment, time to seek alternative jobs and, if necessary, time to obtain skills training or retraining to successfully compete in the job market. 

In general, employers are covered by the WARN Act if they have 100 or more employees, excluding employees who have worked less than six months during the last 12 months or who work an average of less than 20 hours per week.  Private, for-profit employers and private, nonprofit employers are covered, as are public and quasi-public entities which operate in a commercial context and are separately organized from the regular government.  Federal, state, and local government entities that provide public services and Indian tribal governments are not covered under the Act.

Frequently Asked Questions

Click on the question below for details and guidance.
BUSINESS CLOSING:
A covered employer must give notice if an employment site (or one or more facilities or operating units within an employment site) will be shut down and the shutdown will result in an employment loss* for 50 or more employees during any 30-day period. 

MASS LAYOFF: 

A covered employer must give notice if there is a mass layoff, which does not result from a business closing, but will result in an employment loss* at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33 percent of the employer’s active workforce.

An employer must also give notice if the number of employment losses, which occur during a 30 day period, fails to meet the threshold requirement of a business closing or mass layoff but the number of employment losses of two or more groups of workers, each of which is less than the minimum number needed to trigger notice, reaches the threshold level during any 90-day period of a business closing or mass layoff.  Job losses within any 90-day period will count toward WARN threshold levels unless the employer demonstrates that the employment losses during the 90-day period are the result of separate and distinct actions and causes. ​ 

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When notifying employees prior to a plant closing or mass layoff, any reasonable method of delivery that ensures receipt of notice at least 60 days before is acceptable. Your Local Rapid Response Team can assist you in contacting the chief elected officials in those communities affected by the planned layoff or closure. Contact your Local Rapid Response Team for more information.

A WARN notice provided to Oregon’s Rapid Response Dislocated Worker Unit should be addressed to:

John Asher, Rapid Response Coordinator

Oregon Dislocated Worker Unit

Oregon HECC – Office of Workforce Investments

875 Union Street NE

Salem, OR 97311

Content of Notice

There is no form to file a WARN.  All notices must be submitted in writing to Oregon’s Rapid Response Dislocated Worker Unit and the chief elected official of the local government, and must include the following:

  • Name and address of the employment site where the plant closing or mass layoff will occur.
  • Name and phone number of a company official to contact for further information.
  • Statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed.
  • Expected date of the first separation, and the anticipated schedule for subsequent separations.
  • Job titles of positions to be affected, and the number of employees to be laid off in each job classification.
  • For multiple lay-off locations, provide a breakdown of the number of affected employees and their job titles by each lay-off location.
  • Indication as to whether or not bumping rights exist.
  • Name of each union representing affected employees.
  • Name and address of the chief elected officer of each union.​​

Oregon’s Dislocated Worker Unit processes WARN notices filed by employers. The processing of a WARN notice activates the local Rapid Response team.

Oregon’s List of Filed WARN Notices​

If you wish to be notified about all WARN notices filed with Oregon’s Dislocated Worker Unit, you can request your email address be added to our WARN Notice Distribution e-mail list.  Send specific requests to: CCWD_DWOREGON@oregon.gov​


Oregon’s Local Workforce Development Boards have established Rapid Response Teams to assist employers and affected workers during a layoff or business closure.

Rapid Response normally begins with one of the following actions: 

  • The Dislocated Worker Unit is notified about an impending layoff or plant closure, as required by the federal Worker Adjustment and Retraining Notification (WARN) Act.
  • An employer voluntarily notifies its local Rapid Response Team, WorkSource center, or the Dislocated-Worker Unit about an impending event.
  • Local Rapid Response Teams or the states Dislocated-Worker Unit becomes aware of such an event through public notices and other sources.
  • A new petition for federal Trade Act Adjustment Assistance is filed with the state Trade Act Unit.
​The Rapid Response team works with employers to deliver needed pre-layoff services and worker information sessions that include Unemployment Insurance information, WorkSource Oregon Services, Health Insurance Exchange information, and Trade Act and/or Union information. The goal is to help each dislocated worker find their path back to being employed.

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WARN Act Compliance Assistance Materials

Worker's Guide  
This guide provides a brief overview of the WARN Act provisions and answers to frequently asked questions about employee rights. It is not an official interpretation of the WARN Act or the regulations at 20 CFR Part 639.
This guide provides a brief overview of the WARN Act provisions and answers to frequently asked questions about employer responsibilities and requirements. It is not an official interpretation of the WARN Act or the regulations at 20 CFR Part 639.
Esta guía proporciona una breve descripción general de las disposiciones de la ley WARN y las respuestas a las preguntas más frecuentes sobre derechos de los trabajadores. No se trata de una interpretación oficial de la ley WARN o los reglamentos en 20 CFR Part 639.
This Advisor is an interactive tool that helps employers and workers understand the requirements of WARN.
This Fact Sheet explains the exceptions to providing advance notice when dislocations occur due to natural disasters. Employers should be aware that the U.S. Federal Court solely enforces the Act and these answers are not binding on the Courts.
This Fact Sheet provides a summary of WARN general provisions for providing 60 days advance written notice of layoffs and closings. It is intended as a general description only and does not carry the force of legal opinion.​

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