WARN - Montana

Summary of differences between federal and state regulations

The state of Montana, while having statutes regarding plant closings, for the most part 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 there is a Montana law relating to employee layoffs and/or plant closings which applies to the state of Montana and government facilities having more than 25 employees. The law requires that the state also contact a “newspaper of general circulation in the county where the governmental facility subject to closure or retrenchment is located.”

Within 90 days the employer must supply the affected employee organizations and the affected local governments with a written impact statement that includes:

• The number of employees affected;
• The amount of the affected employees’ payroll;
• The potential tax losses to local governments and school districts;
• The effect on other businesses; and
• The reason for the closure or retrenchement.

State

Contact

Send WARN Act notices to:
Commissioner; Department of Labor and Industry

Regulations

Mont. Ann. Code §39-2-1003. Requirement for closure or retrenchment.
http://leg.mt.gov/bills/mca/39/2/39-2-1003.htm

Mont. Ann. Code §39-2-1004. Adoption of rules.
http://leg.mt.gov/bills/mca/39/2/39-2-1004.htm

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