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Effective January 15, 2015, the Vermont Notice of Potential Layoffs Act (NPLA) covers a broader range of employers and situations as compared to federal law. The state law applies to both private and governmental employers with 50 or more employees. The 50 employee count may be comprised of 50 full-time employees, 50 part-time employees (individuals working at lest 1,040 hours per year) or a combination of full- and part-time employees.
Under the NPLA, employers planning a business closing or a mass layoff must provide notice to the Vermont Department of Labor and the Vermont Agency of Commerce and Community Development 45 days before the effective date of the closing or the layoff. This notice must include the approximate number and job titles of affected employees, the anticipated date of the employment loss, and the affected worksites.
These employers must also provided 30-days' notice to the local chief elected official of the municipality, to the affected employees (those expected to experience an employment loss as a result of the business closing or mass layoff), and to the bargaining agent (if one exists).
Under this law, a “business closing” includes:
“Mass layoff” means a permanent employment loss of at least 50 or more employees in Vermont during ay 90-day period.
Note that since the federal WARN Act requires employers with 100 or more employees to provide certain notifications 60 days in advance of plant closings or mass layoffs, larger Vermont employers could be subject to both the state and federal WARN provisions.
Employers should send WARN notices to:
Andrea M. Hussey, State Dislocated Worker Unit
5 Green Mountain Drive
P.O. Box 488
Montpelier, VT 05601
Phone: (802) 828-4177
Vermont Notice of Potential Layoffs Act (H. 758)