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Summary of differences between federal and state regulations
Even though the state of Minnesota has laws affected plant closings, for the most part the state follows the federal rule. 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.
In addition, the state of Minnesota requires that employers provide layoff/plant closing notice to the Commissioner of Employment and Economic Development.
The state of Minnesota defines “plant closing” as an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding employees who work less than 20 hours per week.
The employer must report to the Commissioner the names, addresses, and occupations of the employees who will be or have been terminated.
State
Contacts
Send WARN Act notices to:
Program Coordinator, State Dislocated Worker Unit, Minnesota Department of Trade and Economic Development
Regulations
Minn. Stat. Chap. 116L, §976 Early warning system. Subdivision 1. Notice.
Minn. Stat. Chap. 116L, §976 Early warning system. Subdivision 2. Employer responsibility.
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