SUMMARY
Chapter 22 discusses the Worker Adjustment and Retraining Notification Act, which prohibits certain employers from ordering a plant closing or mass layoff without adequate notice. PDF Download with 5 Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 22
WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT
Paul M. Ostroff
§ 22.1 OVERVIEW
§ 22.2 EMPLOYERS COVERED BY THE WARN ACT
§ 22.2-1 Formulas for Business Enterprise Coverage—Persons Employed or Hours Worked
§ 22.2-2 Categorization of Employees for Purposes of Determining Coverage
§ 22.3 “PLANT CLOSING” OR “MASS LAYOFF” THAT WILL TRIGGER THE WARN ACT’S NOTICE REQUIREMENTS
§ 22.3-1 Plant Closing
§ 22.3-2 Mass Layoff
§ 22.3-3 Aggregation of Employment Losses
§ 22.4 SINGLE SITE OF EMPLOYMENT
§ 22.5 WHAT IS AN EMPLOYMENT LOSS?
§ 22.6 APPLICATION OF THE WARN ACT TO THE SALE OF A BUSINESS
§ 22.6-1 Issues Concerning the Application of the WARN Act to the Sale of a Business
§ 22.6-2 Practical Approaches to Addressing WARN Act Issues in the Sale of a Business
§ 22.7 ADVANCE NOTICE OF A PLANT CLOSING OR MASS LAYOFF
§ 22.7-1 When and to Whom a Covered Employer Must Give Notice
§ 22.7-2 Contents of the Notice
§ 22.7-3 Circumstances Under Which the Notice Requirement May Not Apply
§ 22.7-4 Reduction of the Notice Period
§ 22.8 REMEDIES AND DEFENSES UNDER THE WARN ACT
§ 22.8-1 Back Pay, Benefits, and Medical Expenses
§ 22.8-2 Offsets and Reductions to an Employer’s Liability
§ 22.8-3 Civil Penalties Payable to the Unit of Local Government
§ 22.8-4 Attorney Fees and Costs
§ 22.8-5 Prejudgment Interest
§ 22.8-6 The Good-Faith Defense to Liability
§ 22.8-7 Other Remedial Issues
§ 22.9 LITIGATION ISSUES ARISING UNDER THE WARN ACT
§ 22.9-1 Parties to an Action, Jurisdiction, Venue, and Standing
§ 22.9-2 Statute of Limitations
§ 22.9-3 Class Actions
§ 22.9-4 Right to a Jury Trial
§ 22.9-5 Arbitration of WARN Act Claims and Class Action Waivers
§ 22.9-6 Settlement and Waiver of Claims
§ 22.10 RELATIONSHIP OF THE WARN ACT TO OTHER FEDERAL LAWS
§ 22.10-1 WARN Act Issues Arising Under the Labor Management Relations Act and the Railway Labor Act
§ 22.10-2 WARN Act Issues Under the Bankruptcy Code
§ 22.11 STATE LITTLE WARN ACTS
§ 22.12 PRACTICAL WAYS TO ACHIEVE COMPLIANCE WITH THE WARN ACT
Form 22-1 WARN Act: Notice of Plant Closure to Employee Representative
Form 22-2 WARN Act: Notice of Mass Layoff to Employee Representative
Form 22-3 WARN Act: Notice of Reduction of Workforce to Each Affected Employee (When There Is No Employee Representative)
Form 22-4 WARN Act: Notice to State Dislocated Worker Unit and to the Chief Elected Official of the Unit of Local Government in Which the Closing or Layoff Is to Occur
Form 22-5 Sample Corporate Policy Statement
Appendix 22A References To State Little WARN Acts and Statutes Regulating Reductions in Force
Appendix 22B Abbreviations