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Summary of differences between federal and state regulations
The state of Florida does not have a law regarding plant closings. 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.
While the state of Florida does not require a particular form of notice, all notices must be in writing. Any reasonable method of delivery designed to ensure receipt 60 days before a closing or layoff is acceptable. Notice must be specific. Notice may be given conditionally upon the occurrence or non-occurrence of an event only when the event is definite and its occurrence or nonoccurrence will result in a covered employment action less than 60 days after the event.
Notifications of plant closings or mass layoffs from employers to the DWU are to contain:
- The name and address of the employment site where the plant closing or mass layoff will occur;
- The nature of the planned action, I.e., whether it is a plant closing or mass layoff;
- The expected date of the first separation, and the anticipated schedule for making separations;
- The job titles of positions to be affected, and the number of affected employees in each job classification;
- A statement as to the existence of any applicable bumping rights;
- The name of each union representing affected employees (if applicable), and the name and address of the chief elected officer of each union;
- The name, address, and telephone number of a company official to contact for additional information
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