Adjustment and Retraining Notification (WARN) Act
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.
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.
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.
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.
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
875 Union Street NE
Salem, OR 97311
WARN Reporting Requirements
WARN Notification Letter Template (COVID-19)
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 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.
- 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.
WARN Act Compliance Assistance
The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN.
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.
WARN elaws Advisor
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.
Law and Regulations