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Summary of differences between federal and state regulations
The state of Alabama has a few regulations regarding plant closings and layoffs. However, the state primarily follows the federal rule, which states that employers having 100 or more employees (not counting employees who worked less than six months of the last 12 months and not counting employees who average less than 20 hours a week) are subject to the federal Worker Adjustment and Retraining Notification Act (WARN). Employers are required to provide 60 days’ advance notice of covered plant closings and covered mass layoffs. This notice must be given either to the affected workers or their representatives (e.g., a labor union) plus the State dislocated worker unit and the appropriate unit of local government.
State
Contact
In Alabama, official WARN notices and/or written requests for Rapid Response Team assistance (including questions concerning available services) should be directed to the following:
Alabama Department of Economic and Community Affairs (ADECA), Workforce Development Division (WDD)
Regulations
Ala. Stat. §25-3-5 — Commissioner to provide seminars for unemployed or underemployed employees regarding their rights and responsibilities; commissioner authorized to assist employee groups, communicate with creditors, etc.; state credit union may expand field of membership if adversely affected by layoffs or closings; regulations concerning financial disclosure and assistance of employees.
Note: The Alabama Department of Economic and Community Affairs (ADECA) has no administrative or enforcement authority under the Warn Act, and therefore does not provide legal advice or interpretations relative to specific provisions of the Act as they may apply to a specific dislocation events (i.e. Plant/Facility Closing/Layoff). Questions relative to employer / employee relationships (including oral or written employment contracts or agreements), and/or interpretation of provisions of the WARN Act as they may apply to circumstances relating to specific layoff actions should be addressed by legal professionals.
Federal
Contact
U.S. Department of Labor, Employment and Training Administration
Regulations
Worker Adjustment and Retraining Notification Act (WARN), 29 USC 2101 et seq.; 20 CFR 639