Q&A

What happens if an employer fails to notify a plant closing?

What happens if an employer fails to notify a plant closing?

An employer who fails to notify the local governmental unit of the plant closing may be liable for a civil penalty of up to $500 per day of violation.

When do plant closings and mass layoffs happen?

For the purposes of the WARN Act a plant closing happens when your employer shuts down a facility or operating unit within a single site of employment and lays off 50 or more full-time workers during any 30-day period.

What are the employment law issues in Minnesota?

A Collaborative Effort Minnesota Department of Employment and Economic Development An Employers Guide To EMPLOYMENT LAW ISSUES IN MINNESOTA

When do you have to do a staged plant closing?

The law also covers staged plant closings or layoffs, which are defined the same as above but occur in stages over a period of 90 days. This rule is intended to prevent employers from getting around the law’s requirements by conducting a series of smaller layoffs.

What happens if an employer closes a plant?

If an employer orders a plant closing or mass layoff, it is required to provide notification to the employees or their representatives, the state dislocated worker units, (so that they can promptly offer dislocated worker assistance), and the chief elected officials of local governments.

How many days notice do you have to give employees before closing plant?

The WARN Act applies to employers of 100 or more full-time employees. Employers with fewer employees are encouraged to comply with the spirit of the law, although they are not bound by it. The federal law requires employers to provide 60 days‘ notice to several parties before ordering a plant closing or massive layoff.

A Collaborative Effort Minnesota Department of Employment and Economic Development An Employers Guide To EMPLOYMENT LAW ISSUES IN MINNESOTA

How does the WARN Act apply to plant closings?

Employers do have notice requirements under the WARN Act. If an employer orders a plant closing or mass layoff, it is required to provide notification to the employees or their representatives, the state dislocated worker units, (so that they can promptly offer dislocated worker assistance), and the chief elected officials of local governments.