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Summary of differences between federal and state regulations
Section 109.07 of the Wisconsin Statutes and Chapter DWD 279 of the Wisconsin Administrative Code provides that with certain exceptions, businesses employing 50 or more persons in the State of Wisconsin must provide written notice 60 days before implementing a "business (plant) closing" or "mass layoff" in the state.
A "business closing (plant closing)" requires notice if there is a permanent or temporary shutdown of an employment site or of one or more facilities or operating units within a single municipality that affects 25 or more employees (not including "new" or "low-hour" employees).
A "mass layoff" is at least 25% of the workforce or 25 employees, whichever is greater; or at least 500 employees.
Each such employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any employer who violates this subsection shall forfeit not more than $100.
If the state law does not apply, then the federal rule might. The Federal Business Closing Notification Law, the Worker Adjustment and Retraining Notification (WARN), helps ensure advance notice in cases of qualified plant closings and mass layoffs. 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).
Under the federal law, 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
Employers who have decided on a business closing or mass layoff must provide written notice to:
Department of Workforce Development, Dislocated Workers Unit
Regulations
Wisc. Admin. Code, Chap. DWD 279, §§279.001 – 279.13
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