The HECC Office of Workforce Investments sends out public notifications regarding some impending layoffs under the authority of the Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act offers protection to workers, their families, and communities by requiring employers to give a 60-day notice to the affected employees and to 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 must follow the requirements of 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 included, 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 tribal governments are not included under the Act.
Enforcement of WARN requirements is through the United States district courts. While the Higher Education Coordinating Commission, Office of Workforce Investments (HECC, OWI) can provide guidance and information about the WARN Act, it does not issue formal interpretations of the law or the regulations. HECC may provide advice that represents its best judgment about WARNs, but it is not binding in the courts, and it does not replace the advice of an attorney.
Frequently Asked Questions About WARN
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