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Summary of differences between federal and state regulations
The state of Illinois has several statutes regarding plant closings and mass layoffs. They are similar to the federal rule, but there are some differences which employers must be aware of.
The Illinois Worker Adjustment and Retraining Notification Ac (“Illinois WARN”), Public Act 093-0915, requires employers to give 60 days notice to employees and their unions, and to Illinois Department of Commerce and Economic Opportunity’s Bureau of Workforce Development, of a plant closing or mass layoff. The Federal WARN applies to employers with 100 or more full-time workers, while Illinois WARN applies to employers with 75 or more full-time workers.
The Federal WARN Act’s notice requirements are triggered if 50 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or 500 or more full-time employees. The Illinois WARN Act’s notice requirements are triggered if 25 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or 250 or more full-time employees.
Under Federal WARN, relocation is not a notice-triggering event. Under Illinois WARN employers must give 60-days advance notice of a relocation.
Under Federal WARN, neither the Federal nor the State may initiate actions for alleged non-compliance. Only employees and local government officials may initiate action federal court.
Under the Illinois WARN Law the Director of the Illinois Department of Labor is to make rules with “provisions that allow the parties access to administrative hearings for any actions of the Department under this Act.” Furthermore, in “any investigation or proceeding under this Act,” the Director has authority to “examine the books and records of an employer” in order “to determine whether a violation of this Act has occurred.”
Under the Illinois WARN Act, the WARN notice must contain:
- The name and address of the employment site(s) where the plant closing or mass layoff will occur;
- Whether the planned action is expected to be permanent or temporary and if the entire plant is to be closed, a statement to that effect;
- 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; (for multiple sites, list per site)
- A statement as to the existence of any applicable bumping rights;
- The name of each union representing affected employees, and the name and address of the chief elected officer of each union, if none please state; and,
- The name and telephone number of a company official to contact for further information.
The Business Economic Support Act, Public Act 87-130 Section 15, requires that any business or industry required to provide notice under WARN and receiving State or local economic development incentives for doing or continuing to do business in this State, in addition to the notice required under WARN, shall also provide at the same time a copy of that notice to the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Mayor of each municipality where the private entity has locations in the state.
In Illinois, Rapid Response Teams are provided through local Illinois Employment & Training Centers IIETCS).
State
Contact
Employers should send WARN Notice to:
Carol Kulek, Manager Rapid Response/Trade Adjustment Assistance
Bureau of Workforce Development
Illinois Department of Commerce & Economic Opportunity
620 East Adams Street, 5th Floor
Springfield, IL 62701
Regulations
The Illinois Worker Adjustment and Retraining Notification Act, Public Act 093-0915
820 ILCS 65 Illinois WARN Act
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