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Summary of differences between federal and state regulations
The state Plant Closing Law works in concert with two federal laws - the Worker Adjustment and Retraining Notification (WARN), and the Economic Dislocation and Worker Adjustment Assistance (EDWAA). These laws require certain employers to notify workers of business closing and layoffs, and to support job retraining programs for dislocated workers.
The federal rule says 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.
When the State Labor Department receives a notice about a business closing or worker layoff, a "rapid response team" may be sent to the work site to help workers with job placement, job training, counseling, and unemployment benefits.
State
Contact
Department of Labor and Industrial Relations - Workforce Development Division
Regulations
[§394B-4] Dislocated workers program.
[§394B-6] Training costs to employers.
[§394B-8] Coordination with federal programs.
[§394B-9] Notification.
[§394B-10] Dislocated worker allowance.
[§394B-11] Prompt payment of wages and benefits.
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