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Summary of differences between federal and state regulations
The state of Kentucky 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.
The Kentucky Department for Training and ReEmployment is responsible for operating the State Rapid Response Team, under the Workforce Investment Act. Rapid Response is an early intervention service offered to businesses and workers affected by layoffs and plant closings. This team is trained to react quickly to announcements concerning permanent facility closures or substantial layoff situations throughout the state.
The State Rapid Response Team is also responsible for receiving employer notifications pursuant to the Worker Adjustment and Retraining Notification (WARN) Act (20 CFR 639). In most cases, a Rapid Response team member coordinates on-site services involving dislocated workers, employers, the community, and other local workforce investment area resources and services available to help the employer manage the layoff and identify the specific needs of the affected employees.
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