Governor John Lynch signed the New Hampshire Workers Adjustment and Retraining Notification Act into law today.  The Governor's press release on the signing states that "new law sends a strong message to New Hampshire workers that we care about their hard work, and we care about them and their families."   The law will take effect January 1, 2010 and provides a number of protections beyond those found in federal legislation.  For further information on the law, see our June 26,2009 entry.

In the New Hampshire General Court, the Senate and House of Representatives have passed the New Hampshire Worker Adjustment and Retraining Notification Act.  The Act has been submitted to the Governor for signature. The Act would apply to any employer of 75 or more full-time workers in the state and requires employers to provide 60 days advance notice of a plant closing or mass layoffs.  Plant closings are defined as a shutdown of operations affecting 50 or more full-time employees.  Mass layoffs are defined as an employment loss at a single site of employment that affects 250 or more full-time … Continue reading →

The Minnesota State Legislature has taken up legislation to empower to the state labor commissioner to enforce the advance notice requirements of an existing statute (Chpt. 116L, § 116L.976).  Currently the state has a well-intentioned but highly ineffective statute that asks businesses to voluntarily comply with advance notice to workers facing a worksite closing or mass layoff.  As a result, the state statute is rarely observed in practice. (Michigan has a similar statute).  While voluntary statutes can inform good faith employers who need guidance, these statutes too frequently provide bad faith actors with short term marketplace advantages over companies who … Continue reading →

The midwest "I" states have been moving towards enactment of state advance notice legislation. Illinois passed state legislation in 2005.   Indiana has introduced such legislation during the past three legislative sessions and Iowa has introduced bills during the last two sessions.   In February, Representative Dennis Tyler authored and along with Representatives  Terri Austin, John Bartlett and David Niezgodski introduced House Bill 1166 before the Indiana House of Representatives.  The bill would require advance notice of business closures or mass layoffs. The bill applies to any employers of between 50 and 100 employees in the state and the definition of employers … Continue reading →

The Wisconsin Legislature is considering two bills that would amend the state's existing statute that requires advance notice to workers before business shutdowns and mass layoffs.  Assembly Bill 266 and Senate Bill 183 would strengthen procedures for providing information to workers and services from the state's rapid response team.  The bills would also create civil penalties for violations of the state's advance notification law.  The Assembly's bill is presently before the Committee on Workforce Development and the Senate bil is before the Committee on Labor, Elections and Urban Affairs. 

We missed this one earlier this year.  In Mississippi, House Bill No. 682 was introduced  to require advance notice to workers faced with a business closing or mass layoff.  The bill was authored by Rep. William J. McCoy.  The bill's provisions were  substantially similar to the requirements of the federal WARN Act.  The bill however would have allowed the state Attorney General to bring suit on behalf of aggrieved employees and municipalities. Unfortunately, the calendar deadline expired without passage, but hopefully will be reintroduced and acted upon in the next legislation.  Rep. McCoy and the co-authors (Rep. Bill Moak, Rep.George … Continue reading →

In the North Carolina General Assembly, Representatives Rick Glazier, Marvin Lucas, Deborah Ross, and Bill Faison introduced House Bill 1169 earlier this year.  The bill was filed, passed a first reading and was referred to the House Committee on Commerce, Small Business and Enterpreneurship.  The bill remains in committee.  The bill would require an employer to provide written notice at least 90 calendar days in advance of a plant closing or a mass layoff.  Plant closings and mass layoffs are defined similarly to the federal statute.  A WARN-NC notice is required when an employer is laying off at least 50 … Continue reading →

California's bill to amend the state's advance notification statute passed the Assembly Committee on  Labor and Employment and was then referred to the Committee on Appropriations where the bil has received two hearings and remains pending.  However certain deadlines for fiscal approval have passed and it is uncertain whether further action on the bill will occur this year. After its introduction, the bill was targeted by chamber of commerce organizations  who have far too-frequently opposed sustainable and ethical business practices   Our friends in the business community are encouraged to contact their local chambers of commerce and support policies, leadership and … Continue reading →

On February 26,2009, California Assembly Member Sandré Swanson introduced legislation to amend the advance notification provisions of the state Labor Code. Most notably, Assembly Bill 842 seeks to amend the Code to require that: Employers provide 90 days advance notice of a plant closing or mass layoff. State law presently requires 60 days advance notice; The California Labor and Workforce Development Agency (LWDA) maintain a guide of benefits and services available to dislocated workers and maintain a guide of economic development benefits and services for employers to avert plant closings and mass layoffs; The LWDA transmit the guides an employer … Continue reading →

On Wednesday April 8, 2009, New Hampshire's bill (SB 40) to require advance notice of worksite closings and mass layoffs passed the state Senate.  The bill was introduced before the state House of Representatives on the following day and is now pending before the House Labor, Industrial, and Rehabilitative Services Committee.  A public hearing is scheduled on the bill on April 28, 2009 at 10:00 am.  The bill is due out of Committee on May 28, 2009.

In the wake of the Colibri Group's closing of a Rhode Island jewelry factory without advance notice to workers, Representative Roberto DaSilva has introduced legislation before the state House of Representatives to require advance notice of worksite closings and mass layoffs. The Rhode Island Worker Protection and Job Loss Notification Act (House Bill 5673) would apply to employers with 75 or more workers and to employer's facilities that have been in existence for over three years or have employed 75 or more workers at the site over the prior twelve months. Under the bill, employers would be required to provide 60 … Continue reading →

A bill that would require advance notification to workers and communities has been introduced before the New Hampshire Senate.  The bill would strengthen federal protections under the Workers Adjustment and Retraining Notification Act.  The bill would principally supplement federal law by:   Expanding the definition of covered employers to include businesses employing 75 or more full-time workers; Requiring advance notice to workers whenever between 25 and 249 workers who comprise one-third of the facility's workforce are laid off and requiring advance notice to all affected workers whenever 250 or more are laid off at a single facility; Granting the state … Continue reading →

The New York State Workers Adjustment and Retraining Notification Act, N.Y. Lab. L., Art. 25-A, Sec. 860 a-i., became effective on February 1, 2009.  The state law improves upon the federal legislation by providing for a longer notice period and providing coverage for more worksites and employees.  (See August 8, 2008 entry for a summary of the Act's requirements).  Following its taking effect, the New York Department of Labor filed Emergency/Proposed Rules for the interpretation and implementation of the Act.   Among other requirements, the rules include provisions that: Require all references to 'days' in the Act to be interpreted as … Continue reading →

As noted in an earlier post, legislation to require advance notification to workers faced with job loss resulting from a mass layoff or plant closing was introduced in the New York State Assembly (A.10847) and Senate (S.08212).  On June 17, the Senate bill passed that body, was delivered to the Assembly, and was subsequently substituted for A.10847 in the Assembly.  The bill passed the Assembly and was delivered to the Governor for signature on July 25, 2008.  Governor David Paterson signed the bill during the first week of August.   The new law will go into effect on February 1, 2009. … Continue reading →

In the wake of the sudden closing of Jevic Transportation Inc. in Delanco, New Jersey, Assemblymen Herb Conaway Jr. and Jack Conners and Senators Stephen M. Sweeney and Jeff Van Drew have introduced forward thinking legislation to strengthen the protections of the state’s Millville Dallas Airmotive Plant Job Loss Notification Act. Assembly Bill 2934 and Senate Bill 1956 would allow workers to defer payment of interest on mortgage loans for their primary residence for a period of up to 180 days when their employers violate advance notice requirements. The proposed bills seek to stabilize communities and keep workers in their … Continue reading →

Legislation has been introduced in the New York State Assembly (A.10847) and Senate (S.08212) that would provide advance notification to workers facing a mass layoff or workplace closing.  Both bills have reported out of committee. The bills would require advance notice at many work-sites presently exempted from federal WARN Act requirements.   The bills would apply to employers of 50 or more full-time workers and require 90 days advance notice.  In addition to allowing workers to bring lawsuits, the bills also permit enforcement by the state's Commissioner of Labor.  The federal WARN Act only applies to employers of 100 or more … Continue reading →

The Iowa General Assembly is considering two bills – Senate File 2332 (successor to Senate Study Bill 3260) and House Study Bill 739 – that would require employers to provide 60 days advance notice to workers facing a mass layoff.  The proposed bills would apply to employers of 25 or more workers  who lay off 25 or more employees.  Under the federal WARN Act, advance notice is required when employers of 100 or more workers layoff 50 or more employees.  Noting the lower thresholds, the Daily Iowan quotes state Sen. Dick Dearden as follows: "In a small community, it's a … Continue reading →

The Millville Dallas Airmotive Plant Job Loss Notification Act (A1044) became state law on December 20, 2007 after the New Jersey state legislature concurred in amendments requested by the Governor.  The Act substantially mirrors the requirements of the federal WARN Act; however contains a few important differences.  Most notably, the state law increases the value of potential awards to long term employees by calculating damages based on average weekly pay multiplied by the employee's years of service.  For workers who have been employed at the site for longer than eight years, potential awards may exceed those available under the federal … Continue reading →

Since January of 2006, the New Jersey state legislature had been considering a bill to provide advance notification to workers of plant closings and mass layoffs. The Millville Dallas Airmotive Plant Job Loss Notification Act (A1044) passed the New Jersey State Assembly and was amended and then passed by the State Senate. The two bodies conferred and the Assembly subsequently passed the amended bill. On November 8, 2007, Governor Jon Corzine conditionally vetoed the Act and returned it to the legislature for further amendments to provide 60 days advance notice to workers, rather than the 90 day notice period provided … Continue reading →