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Summary of differences between federal and state regulations
For the most part, the state of Pennsylvania follows the federal rule in regard to 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.
However, Pennsylvania initiates rapid response assistance as soon as information is received that a mass dislocation or plant closure is scheduled to take place. Rapid Response is an early intervention service that assists workers and employers affected by layoffs, plant closures, or natural disasters. It provides access to the Commonwealth's CareerLink system of user-friendly resources and information to help transition workers into reemployment.
The Rapid Response program was developed to help dislocated workers who are part of a large layoff. Its primary objective is to provide workers with the resources and services they need to allow them to find new jobs or get the training and education needed for new careers so that they can get back to work quickly.
There is no charge to the employer or employee for these services and they are provided regardless of the reason for the layoff. The Rapid Response specialist will pull together a team of experts to provide workers with information about and access to services, such as the following, in a centralized and convenient location before the layoff or closure occurs:
- Unemployment Insurance;
- Health and pension benefits;
- Job search activities;
- Education services;
- Training Program;
- Trade Adjustment Assistance (TAA) and NAFTA/TAA programs;
- Social Services programs;
- Community and economic development activities;
- Emergency assistance; and
- Crisis counseling.
Rapid Response also offers assistance to local communities so that a proactive and coordinated response can be designed, and access to Pennsylvania's economic development assistance resources can be obtained. Economic development assistance programs are designed to help businesses that are at risk of closing to keep their doors open. In addition, these programs can help businesses reduce the size of a layoff.
State
Contact
Send WARN Act notices to:
Bureau of Workforce Investment, Rapid Response Coordination Services
Regulations
None.
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