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Summary of difference between federal and state regulations
Minnesota requires that businesses considering a plant closing or layoff meeting the requirements of the law give notice to the Commissioner of Economic Security.
Some plant closings or mass layoffs fall under the federal Worker Adjustment and Retraining Notification Act (WARN). Under WARN, employers are required to provide 60 days’ advance notice of covered plant closings and mass layoffs, notify the affected workers or their representatives, and the appropriate governmental units. See WARN for more information.
WARN does not preempt any other federal, state, or local law, or any employer/employee agreement that requires other notification or benefit. Rather, the rights provided by WARN supplement those provided by other federal, state, or local laws.
State
Contact
Minnesota Department of Trade and Economic Development
Regulations
Minn. Stat. §116L.976 Early warning system.
Subdivision 1. Notice. (a) The commissioner shall encourage those business establishments considering a decision to effect a plant closing, substantial layoff, or relocation of operations located in this state to give notice of that decision as early as possible to the commissioner, the employees of the affected establishment, any employee organization representing the employees, and the local government unit in which the affected establishment is located. This notice shall be in addition to any notice required under the Worker Adjustment and Retraining Notification Act, United States Code, title 29, section 2101.
(b) For purposes of this section, "plant closing" means the announced or actual permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding employees who work less than 20 hours per week.
Subd. 2. Employer responsibility. An employer providing notice of a plant closing, substantial layoff, or relocation of operations under the Worker Adjustment and Retraining Notification Act, United States Code, title 29, section 2101, or under subdivision 1 must report to the commissioner the names, addresses, and occupations of the employees who will be or have been terminated.
Federal
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Regulations
Worker Adjustment and Retraining Notification Act (WARN):
29 USC §2101 et seq.; 20 CFR 639