WARN - Massachusetts

Summary of differences between federal and state regulations

The state of Massachusetts has a number of statutes which address the employers responsibilities following a plant closing or covered layoff.

For the most part, however, the state statutes follow the federal rule in regard to definitions and what triggers notice. 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

Send WARN Act notices to:
Director, Department of Labor & Work Force Development

Regulations

Mass. Gen. Law, Chapter 151A: §71B  Closing of facility; report; certification; notice; hearing; appeal
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151a/Section71b

Mass. Gen. Law, Chapter 151A: §71C  Partial closing; identification; regulations; eligibility for reemployment assistance benefits
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151a/Section71c

Mass. Gen. Law, Chapter 151A: §71H  Plant closing employers; bills for reemployment assistance benefits
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151a/Section71h

Mass. Gen. Law, Chapter 149: §179B  Notice to commissioner of commencement or change of location of business; violations
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section179b

Mass. Gen. Law, Chapter 149: §179C  Collective bargaining agreements; successor clauses
(Contains information on responsibilities of the successor employer in regards to plant closings.)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section179c

Mass. Gen. Law, Chapter 149: §182 Standards of corporate behavior; companies financed with assistance of quasi-public agencies
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section182

Mass. Gen. Law, Chapter 149: §184  Severance pay following transfer of control or attempted transfer of control of registered corporation; definitions
(Contains requirements for entities assuming control of a registered corporation in regards to existing employees.)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section184

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