FEDERAL
Statute: Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101, et seq.
Regulations: 20 C.F.R. 639.1, et seq.
Description: Advance notice of some plant closings and some mass layoffs. See USDOL for info.
UNITED STATES
WARN Act
Note:
The following list identifies laws that relate to advance notice requirements in the event of layoffs or mass closings and laws that relate to severance pay requirements for displaced workers.
Notable laws that are not listed below are municipal laws providing for notice/severance to displaced public employees and registration and reporting requirements for takeover bids and proposed mergers and acquisitions (e.g. requirements pursuant to the Hart-Scott-Rodino Act and state Uniform Antitrust Pre-Merger Notification Acts and the Williams Act and derivative state laws).
STATES
California
Mini WARN Act
Statute: Cal Labor Code, §§1400 et seq.
Regulations: none
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for administrative proceedings. See CA EDD for info.
Connecticut
Extended benefits after some closings. Limited Application.
Statute: Conn Gen Stat – Employment Regulations, Chapter 557, §§ 31-51 n, o
Regulations: none
Description: Requires employers to pay the full amount of health coverage for period of time after relocation or closing.
Delaware
Mini WARN Act
Statute: Delaware Workplace Adjustment And Retraining Notification Act, Title 19, Chapter 19, §§ 1901 et seq.
Regulations: 19 Del Admin Code, § 1103 Worker Adjustment and Retraining Notification (WARN) Regulations
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for administrative proceedings.
District of Columbia
Other
Statutes: Code of the District of Columbia, Displaced Workers Protection, Chpt. 1, §§ 32–101 et seq.
Regulations: none
Descriptions: For longer term workers employed by contractors in certain industries, subsequent contractors performing the same work are required to retain those workers during a transition period.
Hawaii
Mini WARN Act w/severance type payments
Statute: Haw Rev Stat – Dislocated Workers, §§ 394B-1 et seq.
Regulations: Haw Admin Rules, Title 12, Subtitle 6, Chapter 506, §§ 12-506-1 et seq.
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act. Also provides for a 4 week “dislocated worker allowance” equal to the difference between the employee’s average weekly wages and their unemployment benefit. See HI DLIR for info.
Illinois
Mini WARN Act & Other
Statute: Illinois Compiled Statutes -
Illinois Worker Adjustment and Retraining Notification Act, 820 65 ILCS 1 et seq.
Illinois’ Climate and Equitable Jobs Act, 20 ICLS 735/10-25 et seq.
Regulations: Illinois Administrative Code Title 56, Chpt 1, Subpart b, Part 230. 56 Ill. Adm. Code § 230 et seq.
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for access to administrative hearings. See IL DOL for info.
Also, a statute providing for notification when helps displaced energy workers to receive timely information and support services following power plant and mine closures.
Indiana
Advance notice law, limited application.
Statute: Indiana Code, Unemployment Compensation System, Ind. Code, Title 22, Art 4, Ch § 22-4-32-23
Regulations: none
Description: Unemployment insurance statute includes provisions requiring notice to the state when a company is considering dissolution, liquidation, or withdrawal of business entities in Indiana. Limited liability for corporate officers and directors for 1 year after dissolution.
Iowa
Mini WARN Act
Statute: Iowa Worker Adjustment and Retraining Notification Act, Iowa Code, § 84C.1 et seq.
Regulations: none
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for access to administrative hearings. See IowaWORKS for info.
Kansas
Advance notice law, limited application.
Statute: Kansas Stat, Labor & Industries, Chpt 44, Art 6, § 44-616
Regulations: none
Description: Provides limited advance notice requirements to the state for food manufacturing and preparation, clothing manufacturing, fuel mining, transportation, and public utility industries before ceasing or limiting production.
Maine
Mini WARN Act w/ severance pay requirements
Statute: Maine Revised Statutes – Labor & Industry, Title. 26, § 625-B
Regulations: Code of Maine Rules, 12-170 Department of Labor, Bureau of Labor Standard, Chapter 15
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for administrative proceedings. Along with their final paycheck, workers entitled to one week of pay for each year of employment. See ME JobLink for info.
Maryland
Mini WARN Act & other
Statute:
Maryland Code, Corporations & Associations, Title 3, Subtitle 4, § 3-404
Maryland Code, Unemployment Insurance, Title 8, Subtitle 3, § 8-305
Regulations:
Code of Maryland Regulations, §§ 09.33.02.01 et seq.
Code of Maryland Regulations, § 09.32.02.06 (UI - mass layoff)
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for administrative proceedings. See MD DOL for info.
Under § 3-404, law requires notification of employees twenty (20) days prior to filing dissolution papers.
Under § 8-305, UI regulations define “mass layoff" as layoffs from work of 25 or more workers and requires employer to file notice w/in 48 hours in advance of the layoffs.
Massachusetts
Mini WARN Act
Statute: Massachusetts General Laws, Title XXI, Chpt 149, §§ 179B, 182, & 183; and Chpt 151A, § 71A-I
Regulations:
Description: Advance notice of plant closings and mass layoffs. Expands coverage of Federal WARN Act and provides for administrative hearings. See MA DCS for info.
Michigan
No law. (Voluntary guidance)
Statute: Michigan Compiled Laws, Employee-Owned Corporations Act, § 450.736
Regulations: none
Description: Federal statute is the applicable law in the state. State resolution is voluntary and has no meaningful effect.
Minnesota
No law. (Voluntary guidance)
Montana
Advance notice law, limited application.
Statute: Montana Code – Closure or Layoff at Government Facility, §§ 39-2-1001 et seq.
Regulations: none
Description: Upon making the decision to close or lay off 250 people from a gov’t facility (w/25 or more employees) gov’t is required to give notice and provide report on effects of the closure.
Nevada
Advance notice law, limited application.
Statute: none
Regulations: Nevada Administrative Code, State Personnel System, § 284.626
Description: Permanent employees of the state must be given 30 days’ notice before they are laid off.
New Hampshire
Mini WARN Act
Statute: New Hampshire Workers Adjustment and Retraining Notification Act, RSA 275:1 et seq.
Regulations: N.H. Admin. Code Lab, ch. 1700, §§ Lab 1701.01 et seq.
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act and provides for administrative hearings. See NHES for info.
New Jersey
Mini WARN Act w/ severance pay
Statute: New Jersey Statutes - Millville Dallas Airmotive Plant Job Loss Notification Act, § 34:21-1 et seq.
Regulations: New Jersey Administrative Code & Register, Title 12, Chapter 40, Subchapter 1 et seq.
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act. Severance pay equal to one week wages for each full year of employment. See NJ DOL for info.
New York
Mini WARN Act
Regulations: New York Codes, Rules & Regulations, Title 12, Chapter XII, Part 921, Section 1.0, §§ 921-1.0 et seq.
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act and provides for administrative hearings. See NY DOL for info.
Ohio
Mini WARN Act
Statute:
Ohio Revised Code – Labor & Industry, Title 41 , Chpt 4113, § 4113.31
Ohio Revised Code – Labor & Industry, Title 41 , Chpt 4141 § 4141.28
Regulations: none
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act. See OH DJFS for info.
Oregon
Other law
Statute: Oregon Revised Statutes – Economic Dislocations, § 285A.510 et seq.
Regulations: none
Description: Statute simply prescribes the state agency to be notified while complying with the federal WARN Act.
Rhode Island
Advance notice of employees’ opportunity to purchase, limited application
Statute: Local Ownership & Opportunity Act, RI Gen Laws Title 28, Chpt 28, §§ 28-58-1 et seq.
Regulations: none
Description: Whenever notice is required by the WARN Act, employer must provide notice of the employees’ right to furnish a bid to purchase the employing business; and information regarding the formation of a workers’ cooperative.
Tennessee
Notification law, limited application.
Statute:
Regulations: none
Description: Under § 50-1-104, state commissioner advises other officials of circumstances of the plant closing or mass layoff.
Under § 50-1-601 et seq., requires employer to notify state government by telephoning the state commissioner of a reduction in force of 50 or more person, after notifying employees.
Vermont
Mini WARN Act
Statute: Vermont Statutes, Title 21, Chpt 005, §§ 411 et seq.
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act and provides for administrative proceedings. See VT DOL for info.
Virginia
Severance pay for public employees
Statute: Virginia’s Workforce Transition Act of 1995, §§ 2.2-3200 et seq.
Regulations: none
Description: Provides for severance payments when state employees are laid off ore otherwise terminated for reasons other than misconduct or voluntary resignation.
Washington
Mini WARN Act
Statute: Revised Code of Washington, Title 49, Chpt 49.45, §§ 49.45.010
Regulations: none
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act. See WA ESD for info.
Wisconsin
Mini WARN Act
Statute: Wisconsin Statutes – Business Closings and Mass Layoff Law, Chapter 109, § 109.07
Regulations: Wisconsin Administrative Code, DWD 279.101 et seq.
Description: Advance notice of some plant closings and some mass layoffs. Expands coverage of Federal WARN Act. See WI DWD for info.
Cities & Municipalities
Statutes & Regulations:
Clev. City Code, Ch. 396, § 396.03
Description: Requires certain businesses to notify the city fire chief 60 days before abandoning a building.
Cleveland, OH
Advance notice law
Statutes & Regulations:
Description: Requires 60 day advance notice of closings for certain businesses and provide potential injunctive relief.
Philadelphia, PA
Mini WARN Act
Territories
North Mariana Islands
Advance notice law
Statutes & Regulations:
Northern Marianas Islands Administrative Code, §§ 80-20.1-240
Description: At least 60 days prior to a reduction in force (RIF) or closure, business must provide written notice to the CNMI Department of Labor. Affected employees must be given notice at least 30 days prior to the planned action.
Puerto Rico
Statutory severance
Statutes & Regulations:
Laws of Puerto Rico, Unjust Dismissal Act, Law 80 of 30 May 1976
Description: Defines and requires just cause for the dismissal of employees. In the absence of just cause, the employer must pay statutory serverage of approximately 12 weeks pay.
U.S. Virgin Islands
Advance notice & severancce pay law
Statutes & Regulations:
Virgin Islands Code – Labor, Title 24, Chapter 18 § 471 et. seq.
Description: Employers with 10 or more employees must provide 90 days notice prior to the closing/reduction of force of 50% or more. Within one pay period after termination the employer shall pay every affected employee a severance payment equal to one week's pay for every year of service with the employer.
Foreign Jurisdictions
These are shown to illustrate what is possible and what might be implemented in the United States towards a fuller realization of everyone’s right to fair and decent work and their human right to economic security when faced with sudden job loss. To often, the political culture in the United States conditions us to believe that legislative policy change that improves the lives or working persons, no matter how incidental, is impossible or represents a radical departure from economic norms. It doesn’t. They are choices between alternative beneficiaries. Here, we have become conditioned to see legislative policy changes that subsidize, expand, and entrench privileges enjoyed by small numbers of large shareholders, holding companies, equity funds, owners of multinational corporations, etc. as an inevitable working of market forces instead of the thumb on the scale that it is.
The Canada Labour Code generally requires that all employees receive at least two weeks advance notice of a job separation or two weeks pay in lieu of notice. Employees with more than one-year of service receive severance pay based on their years of work.
Additionally, all Canadian provinces and territories have laws requiring advance notice and provide for severance pay.
CANADA
Mexico’s Ley Federal del Trabajo (Federal Labor Law) generally requires severance payments for employment terminations. The amount of pay varies based on whether the termination was for just cause or was unjust and based on years of service.
Mexico’s states have similar requirements.
MEXICO
The European Union’s Directive 2002/14/EC, 98/59/EC, and other EU instruments require consultations and “timely notice” to workers and workers’ representatives when closings and layoffs occur. These are implemented through national legislation in each of the member states. Each of the member states provide for advance notice and redundancy/severance pay, often based on years of service.
EUROPEAN UNION
The United Kingdom’s Employment Rights Act 1996 provides for advance notice of job loss based on years of service and provides for pay in lieu of notice. The Act further requires redundancy payments for job terminations not based on performance issues. Payments are based on age and years of service.
Northern Ireland has its own laws, which provide requirements similar to the national legislation.
UNITED KINGDOM
Australia’s Fair Work Act of 2009 requires employers to provide notice and make redundancy payments to workers who lose their job due to termination or “genuine redundancy”. Based on a sliding scale tied to years of service, employees must be provided advance notice (~1 to 4 weeks) and receive payments of up to 12 weeks pay. Various exceptions apply.
Australia’s states and territories have similar requirements.
AUSTRALIA
Similar to other nations, Japan’s Labour Standards Act requires advance notice before dismissal and has pay in lieu of notice provisions. Terminations require “just cause” and are tightly regulated in Japan and severance pay is common and customary.
JAPAN