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42 kB
| {"citation": "Cal/WARN Act", "derived_fields": ["state"], "employer_coverage": "employs, or has employed within the preceding 12 months, 75 or more persons", "id": "california", "notice_days": "60 days before the order takes effect", "source": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=4.&chapter=4.&article=", "source_quote": "“Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. (b) “Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. (c) “Layoff” means a separation from a position for lack of funds or lack of work. (d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment. (e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. (f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. (g) (1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking. (2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. (h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. (Added by renumbering Section 1400 by Stats. 2022, Ch. 752, Sec. 2. (AB 1601) Effective January 1, 2023.) 1401. (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:", "state": "California", "trigger_event": "a layoff during any 30-day period of 50 or more employees at a covered establishment", "url": "https://referencesource.org/state-mini-warn-act-thresholds/california/", "verified_fields": ["employer_coverage", "notice_days", "trigger_event"]} | |
| {"citation": "CHAPTER 19. Delaware Workplace Adjustment and Retraining Notification Act", "derived_fields": ["state"], "employer_coverage": "Any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week", "id": "delaware", "notice_days": "An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order", "source": "https://delcode.delaware.gov/title19/c019/index.html", "source_quote": "(4) “Employer” means: a. Any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week. b. “Employer” does not include the federal or state government or any of their political subdivisions, including any unit of local government or any school district or charter school. (5) a. “Employment loss” means any of the following: 1. An employment termination, other than a discharge for cause, voluntary departure, or retirement. 2. A mass layoff exceeding 6 months in duration. 3. A reduction in hours of work of more than 50% during each month of any consecutive 6-month period. b. The term “employment loss” shall not result under circumstances where a mass layoff or plant closing is the result of the relocation or consolidation of part or all of the employer’s business and, before the mass layoff or plant closing, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the mass layoff or plant closing, whichever is later. (6) “Mass layoff” means a reduction in workforce which includes all of the following: a. Is not the result of a plant closing. b. Results in an employment loss at a single site of employment during any 30-day period for: 1. Fifty or more employees if they make up 33% of the employer’s total workforce at the site, excluding part-time employees or 2. Five hundred or more employees. (7) “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (8) “Plant closing” means the permanent or temporary shutdown of a single site of employment, or 1 or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees (other than part-time employees). (9) “Relocation” means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away. (10) “Representative” means an exclusive representative within the meaning of § 9(a) or § 8(f) of the National Labor Relations Act (29 U.S.C. §§ 159(a), 158(f)) or § 2 of the Railway Labor Act (45 U.S.C. § 152). (11) “Secretary” shall mean the Secretary of the Delaware Department of Labor or a designated subordinate of the Secretary. (12) “WARN Act” shall mean the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.). 81 Del. Laws, c. 312, § 1; § 1904. Notice. (a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all of the following: (1) Affected employees and the representatives of affected employees. (2) The Delaware Department of Labor Division of Employment and Training, WARN Act Administrator.", "state": "Delaware", "trigger_event": "a plant closing — the permanent or temporary shutdown of a single site of employment, or 1 or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees (other than part-time employees) — a mass layoff that results in an employment loss at a single site of employment during any 30-day period for 50 or more employees if they make up 33% of the employer’s total workforce at the site, or 500 or more employees — or a relocation, the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away", "url": "https://referencesource.org/state-mini-warn-act-thresholds/delaware/", "verified_fields": ["employer_coverage", "notice_days"]} | |
| {"also_reported": [{"as_of": "2026-08-18", "field": "notice_days", "source": "https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0394B/HRS_0394B-0009.htm", "source_quote": "§394B-9 Notification; penalty. (a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence. (b) An employer that violates this section shall be liable to each affected employee for an amount equal to back pay and benefits for the period of violation not to exceed sixty days. This liability may be reduced by any: (1) Wages the employer pays during the notice period; and (2) Voluntary and unconditional payment not required by a legal obligation.", "value": "An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence"}], "citation": "§394B-2", "derived_fields": ["state"], "disagreements": [], "employer_coverage": "\"Covered establishment\" means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons", "id": "hawaii", "source": "https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0394B/HRS_0394B-0002.htm", "source_quote": "§394B-2 Definitions. As used in this chapter: \"Closing\" means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction that results in or may result in the layoff or termination of employees of a covered establishment by the employer. \"Covered establishment\" means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons. \"Department\" means the department of labor and industrial relations. \"Director\" means the director of labor and industrial relations. \"Dislocated worker\" means an individual who: (1) Has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to the person's previous industry or occupation; (2) Has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a business, partial closings, and relocation as defined in this section; or (3) Is a long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age. \"Divestiture\" means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other business takeover or transaction of business interests that causes the covered establishment's employees to become dislocated workers. \"Employee\" means any individual engaged in service to an employer. \"Employer\" means any individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof.", "state": "Hawaii", "trigger_event": "a closing — the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction — or a divestiture, partial closing, or relocation of a covered establishment", "url": "https://referencesource.org/state-mini-warn-act-thresholds/hawaii/", "verified_fields": ["citation", "employer_coverage"]} | |
| {"also_reported": [{"as_of": "2026-08-18", "field": "notice_days", "source": "https://www.ilga.gov/legislation/ilcs/documents/082000650K10.htm", "source_quote": "(a) An employer may not order a mass layoff, relocation, or employment loss unless, 60 days before the order takes effect, the employer gives written notice of the order", "value": "An employer may not order a mass layoff, relocation, or employment loss unless, 60 days before the order takes effect, the employer gives written notice of the order"}], "citation": "820 ILCS 65/5", "derived_fields": ["state"], "disagreements": [], "employer_coverage": "\"Employer\" means any business enterprise that employs: (1) 75 or more employees, excluding part-time employees; or (2) 75 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime)", "id": "illinois", "source": "https://www.ilga.gov/legislation/ilcs/documents/082000650K5.htm", "source_quote": "(c) \"Employer\" means any business enterprise that employs: (1) 75 or more employees, excluding part-time | | employees; or | | (2) 75 or more employees who in the aggregate work at | | least 4,000 hours per week (exclusive of hours of overtime). | | (d) \"Mass layoff\" means a reduction in force which: (1) is not the result of a plant closing; and (2) results in an employment loss at the single site | | of employment during any 30-day period for: | | (A) at least 33% of the employees (excluding any | | part-time employees) and at least 25 employees (excluding any part-time employees); or | | (B) at least 250 employees (excluding any | | part-time employees). | | (e) \"Part-time employee\" means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (f) \"Plant closing\" means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees.", "state": "Illinois", "trigger_event": "a plant closing — a shutdown resulting in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees — or a mass layoff resulting in an employment loss during any 30-day period for at least 33% of the employees and at least 25 employees (excluding part-time), or at least 250 employees", "url": "https://referencesource.org/state-mini-warn-act-thresholds/illinois/"} | |
| {"citation": "Chapter 84C", "derived_fields": ["state"], "employer_coverage": "“Employer” means a person who employs twenty-five or more employees, excluding part-time employees", "id": "iowa", "notice_days": "An employer who plans a business closing or a mass layoff shall not order such action until the end of a thirty-day period which begins after the employer serves written notice of such action", "source": "https://www.legis.iowa.gov/docs/code/84C.pdf", "source_quote": "2. “Business closing” means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for twenty-five or more employees, other than part-time employees. 3. “Department” means the department of workforce development. 4. “Employee” means a worker who may reasonably expect to experience an employment loss as a consequence of a proposed business closing or mass layoff by an employer. 5. “Employer” means a person who employs twenty-five or more employees, excluding part-time employees. 6. “Employment loss” means an employment termination, other than a discharge for cause, voluntary separation, or retirement; a layoff exceeding six months; or a reduction in hours of more than fifty percent of work of individual employees during each month of a six-month period. “Employment loss” does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer’s business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a six-month break in employment. 7. “Mass layoff” means a reduction in employment force that is not the result of a business closing and results in an employment loss at a single site of employment during any thirty-day period of twenty-five or more employees, other than part-time employees. 8. “Part-time employee” means an employee who is employed for an average of fewer than twenty hours per week or an employee, including a full-time employee, who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection. 9. “Representative” means an exclusive representative of employees within the meaning of section 9(a) of the federal National Labor Relations Act, 29 U.S.C. §151 et seq., and the federal Railway Labor Act, 45 U.S.C. §151 et seq. 10. “Single site of employment” refers to a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other. 2010 Acts, ch 1085, §2; 2010 Acts, ch 1188, §24 84C.3 Notice — requirements. 1. a. An employer who plans a business closing or a mass layoff shall not order such action until the end of a thirty-day period which begins after the employer serves written notice of such action to the affected employees or their representatives and to", "state": "Iowa", "trigger_event": "a business closing — the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for twenty-five or more employees, other than part-time employees — or a mass layoff, a reduction in employment force that is not the result of a business closing and results in an employment loss at a single site of employment during any thirty-day period of twenty-five or more employees, other than part-time employees", "url": "https://referencesource.org/state-mini-warn-act-thresholds/iowa/", "verified_fields": ["employer_coverage", "notice_days"]} | |
| {"citation": "§625-B", "derived_fields": ["state"], "employer_coverage": "\"Covered establishment\" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more persons", "id": "maine", "notice_days": "notify the director in writing not less than 90 days prior to the relocation or closing", "severance": "severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment", "source": "https://legislature.maine.gov/statutes/26/title26sec625-B.html", "source_quote": "\"Covered establishment\" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more persons. [PL 2023, c. 52, §1 (AMD).] A-1. \"Closing\" means the permanent shutdown of operations at a covered establishment. A closing may occur due to relocation or termination of the employer's business. [PL 2023, c. 52, §2 (AMD).] B. \"Director\" means the Director of the Bureau of Labor Standards. [PL 1989, c. 502, Pt. A, §106 (AMD).] B-1. \"Eligible employee\" means any employee who: (1) Has been continuously employed at the covered establishment at the time of the closing or mass layoff for at least 3 years, including any period when the employee was on a leave of absence; (2) Has not been terminated for cause; and (3) Has not accepted employment at another or relocated establishment operated by the employer or remains employed at the covered establishment. \"Eligible employee\" includes an employee who has voluntarily quit employment at a covered establishment to take a new job within a 30-day period prior to the date set by the employer for a closing or mass layoff in an initial notice provided by the employer under state or federal law. [PL 2015, c. 417, §1 (NEW).] C. \"Employer\" means any person who directly or indirectly owns and operates a covered establishment. For purposes of this definition, a parent corporation is considered the indirect owner and operator of any covered establishment that is directly owned and operated by its corporate subsidiary. [PL 1989, c. 667, §1 (AMD); PL 1989, c. 667, §2 (AFF).] C-1. \"Gross earnings\" includes all pay for regular hours, shift differentials, premiums, overtime, floating holidays, holidays, funeral leave, jury duty pay, sick pay and vacation pay earned within the last 12 months prior to the closing or mass layoff. \"Gross earnings\" does not include payments made under a 3rd-party benefit program, such as disability payments. [PL 2015, c. 417, §1 (NEW).] C-2. \"Mass layoff\" means a reduction in workforce, not the result of a closing, that results in an employment loss at a covered establishment for at least 6 months of at least: (1) Thirty-three percent of the employees and at least 50 employees; or (2) Five hundred employees. [PL 2015, c. 417, §1 (NEW).] D. \"Person\" means any individual, group of individuals, partnership, corporation, association or any other entity. [PL 1979, c. 663, §157 (NEW).] E. \"Physical calamity\" means any calamity such as fire, flood or other natural disaster. [PL 2009, c. 305, §1 (AMD); PL 2009, c. 305, §5 (AFF).] F. \"Relocation\" means the removal of all or substantially all of operations in a covered establishment to a new location, within or without the State of Maine, 100 or more miles distant from its original location. [PL 2023, c. 52, §3 (AMD).] G. [PL 2015, c. 417, §1 (RP).] H. \"Week's pay\" means an amount equal to the employee's gross earnings during the 12 months previous to the date of closing or mass layoff as established by the director, divided by the number of weeks in which the employee received gross earnings during that 12-month period. [PL 2015, c. 417, §1 (AMD).] [PL 2023, c. 52, §§1-3 (AMD).] 2. Severance pay. Any employer who closes or engages in a mass layoff at a covered establishment is liable to eligible employees of the covered establishment for severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment. The severance pay to eligible employees is in addition to any final wage payment to the employee and must be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law. [PL 2015, c. 417, §1 (AMD).] 3. Mitigation of severance pay liability. There is no liability under this section for severance pay to an eligible employee if: A. Closing of or a mass layoff at a covered establishment is necessitated by a physical calamity or the final order of a federal, state or local government agency; [PL 2015, c. 417, §1 (AMD).] B. The employee is covered by, and has actually been paid under the terms of, an express contract providing for severance pay that is in an amount that is greater than the severance pay required by this section. An employer must demonstrate, to the satisfaction of the director, that the severance pay provided under the terms of an express contract provides a greater benefit to the employee than provided in this section; or [PL 2015, c. 417, §1 (AMD).] C. [PL 2015, c. 417, §1 (RP).] D. The employee has been employed by the employer for less than 3 years. [PL 2015, c. 417, §1 (AMD).] E. [PL 2015, c. 417, §1 (RP).] [PL 2015, c. 417, §1 (AMD).] 3-A. Bankruptcy proceedings. A covered establishment is not exempt from liability for severance pay under this section solely because it files a voluntary petition for bankruptcy protection under the provisions of Chapter 7 or Chapter 11 of the United States Bankruptcy Code, 11 United States Code, Section 101, et seq., or because an involuntary petition is commenced against it pursuant to 11 United States Code, Section 303. [PL 2015, c. 417, §1 (NEW).] 4. Suits by, or on behalf of, employees. Any employer who violates the provisions of this section is liable to the employee or employees affected in the amount of their unpaid severance pay. Action to recover the liability may be maintained against any employer in any state or federal court of competent jurisdiction by any one or more employees for and on behalf of that employee or those employees and any other employees similarly situated. Any labor organization may also maintain an action on behalf of its members. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. [PL 2015, c. 417, §1 (AMD).] 5. Suits by the director. The director is authorized to supervise the payment of the unpaid severance pay owing to any employee under this section. The director may bring an action in any court of competent jurisdiction to recover the amount of any unpaid severance pay. The right provided by subsection 4 to bring an action by or on behalf of any employee, and of any employee to become a party plaintiff to any pending action brought and maintained under subsection 4, terminates upon the filing of a complaint by the director in an action under this subsection, unless the action is dismissed without prejudice by the director. Any sums recovered by the director on behalf of an employee pursuant to this subsection must be held in a special deposit account and must be paid, on order of the director, directly to the employee affected. Any sums thus recovered not paid to an employee because of inability to do so within a period of 3 years must be paid over to the State of Maine. [PL 2015, c. 417, §1 (AMD).] 6. Notice of director. Any person proposing to relocate or close a covered establishment shall notify the director in writing not less than 90 days prior to the relocation or closing. A person initiating a mass layoff at a covered establishment shall notify the director as far in advance as practicable, and no later than within 7 days of the layoff, and shall report to the director the expected duration of the layoff and whether it is of indefinite or definite duration. The director shall, from time to time, but no less frequently than every 30 days, require the employer to report such facts as the director considers relevant to determine whether the mass layoff constitutes a closing under this section or whether there is a substantial reason to believe the affected employees will be recalled. A notification or report provided to the director pursuant to this subsection must contain all relevant information in the possession of the employer regarding a potential recall, if applicable. [PL 2019, c. 118, §1 (AMD).] 6-A. Notice to employees and municipality. A person proposing to close a covered establishment shall notify employees and the municipal officers of the municipality where the covered establishment is located in writing not less than 90 days prior to the closing, unless this notice requirement is waived by the director.", "state": "Maine", "trigger_event": "a closing (the permanent shutdown of operations at a covered establishment) or a mass layoff — a reduction in workforce, not the result of a closing, that results in an employment loss at a covered establishment for at least 6 months of at least: (1) Thirty-three percent of the employees and at least 50 employees; or (2) Five hundred employees", "url": "https://referencesource.org/state-mini-warn-act-thresholds/maine/", "verified_fields": ["employer_coverage", "notice_days", "severance"]} | |
| {"also_reported": [{"as_of": "2026-08-18", "field": "notice_days", "source": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=11-305&enactments=false", "source_quote": "(a) Except as provided in subsection (c) of this section, an employer shall provide written notice at least 60 days before initiating a reduction in operations to: (1) all employees at the workplace that are subject to the reduction in operations; (2) each exclusive representative or bargaining agency that represents the employees at the workplace that are subject to the reduction in operations; (3) individuals who work less than 20 hours on average each week or have worked for the employer for less than 6 months in the immediately preceding 12 months at the workplace that is subject to the reduction in operations; (4) the Division’s dislocated worker unit; and", "value": "an employer shall provide written notice at least 60 days before initiating a reduction in operations"}], "citation": "11-301", "derived_fields": ["state"], "disagreements": [], "employer_coverage": "means any person, corporation, or other entity that employs at least 50 employees and operates an industrial, commercial, or business enterprise in the State", "id": "maryland", "source": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=11-301&enactments=false", "source_quote": "(c) (1) “Employer” means any person, corporation, or other entity that employs at least 50 employees and operates an industrial, commercial, or business enterprise in the State. (2) “Employer” does not include the State or its political subdivisions or any employer who has been doing business in the State less than 1 year. (d) “Permanent” means that an employer has not agreed in a written contract to restore operations within 3 months after the time that the reduction in operations occurs. (e) “Reduction in operations” includes: (1) the relocation of a part of an employer’s operation from an initial workplace to another existing or proposed site that may reduce the total number of employees at the initial workplace by at least 25% or 15 employees, whichever is greater; or (2) the shutting down of a workplace or a portion of the operations of a workplace that reduces the total number of employees by at least 25% or 15 employees, whichever is greater, over any 3–month period.", "state": "Maryland", "trigger_event": "a reduction in operations — the relocation of a part of an employer’s operation from an initial workplace to another existing or proposed site that may reduce the total number of employees at the initial workplace by at least 25% or 15 employees, whichever is greater; or the shutting down of a workplace or a portion of the operations of a workplace that reduces the total number of employees by at least 25% or 15 employees, whichever is greater, over any 3-month period", "url": "https://referencesource.org/state-mini-warn-act-thresholds/maryland/", "verified_fields": ["employer_coverage"]} | |
| {"citation": "34:21-2", "derived_fields": ["state"], "employer_coverage": "an employer who employs 100 or more employees", "id": "new-jersey", "notice_days": "not less than 90 days, or the period of time required pursuant to the federal \"Worker Adjustment and Retraining Notification Act,\" 29 U.S.C. s.2101 et seq., or any amendments thereto, whichever is longer", "severance": "severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay", "source": "https://law.justia.com/codes/new-jersey/title-34/section-34-21-2/", "source_quote": "2. If an establishment is subject to a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff, the employer who operates the establishment or conducts the mass layoff shall: a. Provide, in the case of an employer who employs 100 or more employees, not less than 90 days, or the period of time required pursuant to the federal \"Worker Adjustment and Retraining Notification Act,\" 29 U.S.C. s.2101 et seq., or any amendments thereto, whichever is longer, before the first termination of employment occurs in connection with the termination or transfer of operations, or mass layoff, notification of the termination or transfer of operations or mass layoff to the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the establishment is located, each employee whose employment is to be terminated and any collective bargaining units of employees at the establishment; b. Provide to each employee whose employment is terminated severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay. The rate of severance pay provided by the employer pursuant to this subsection b. shall be the average regular rate of compensation received during the employee's last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher.", "state": "New Jersey", "trigger_event": "a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff", "url": "https://referencesource.org/state-mini-warn-act-thresholds/new-jersey/", "verified_fields": ["employer_coverage", "notice_days", "severance", "trigger_event"]} | |
| {"citation": "New York State WARN Act", "derived_fields": ["state"], "employer_coverage": "The WARN Act applies to private businesses with 50 or more full-time employees in New York State.", "id": "new-york", "notice_days": "covered businesses must provide all employees with notice 90 days prior to a plant closing, mass layoff, relocation, or other covered reduction in work hours", "source": "https://dol.ny.gov/warn", "source_quote": "The WARN Act applies to private businesses with 50 or more full-time employees in New York State. It covers: Closings affecting 25 or more employees Mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site) Mass layoffs involving 250 or more full-time employees Certain other relocations and covered reductions in work hours This means that covered businesses must provide all employees with notice 90 days prior to a: Plant closing Mass layoff Relocation Other covered reduction in work hours", "state": "New York", "trigger_event": "Closings affecting 25 or more employees; mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site); mass layoffs involving 250 or more full-time employees; certain other relocations and covered reductions in work hours", "url": "https://referencesource.org/state-mini-warn-act-thresholds/new-york/", "verified_fields": ["employer_coverage"]} | |
| {"citation": "Chapter 49.45 RCW", "derived_fields": ["state"], "employer_coverage": "\"Employer\" means a person who employs 50 or more employees in this state, excluding part-time employees. \"Employer\" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe", "id": "washington", "notice_days": "an employer may not order a business closing or a mass layoff until the end of a 60-day period that begins after the employer, pursuant to this section, serves written notice", "source": "https://app.leg.wa.gov/rcw/default.aspx?cite=49.45&full=true", "source_quote": "\"Business closing\" means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees. (5) \"Commissioner\" means the commissioner of the employment security department. (6) \"Department\" means the employment security department. (7) \"Employee\" means a person employed in this state by an employer. \"Employee\" includes part-time employees. (8) \"Employer\" means a person who employs 50 or more employees in this state, excluding part-time employees. \"Employer\" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe, as defined in section 3306(u) of the federal unemployment tax act. (9)(a) \"Employment loss\" means: (i) An employment termination, other than a discharge for cause, voluntary separation, or retirement; (ii) A layoff exceeding six months; or (iii) A reduction in hours of more than 50 percent of work of individual employees during each month of a six-month period. (b) \"Employment loss\" does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance, as defined by the department, with no more than a six-month break in employment. (10) \"Mass layoff\" means a reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees. (11) \"Part-time employee\" means an employee who is employed for an average of fewer than 20 hours per week, or an employee who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection. (12) \"Single site of employment\" means a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other.", "state": "Washington", "trigger_event": "a business closing — the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees — or a mass layoff that results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees", "url": "https://referencesource.org/state-mini-warn-act-thresholds/washington/", "verified_fields": ["employer_coverage", "notice_days"]} | |
| {"citation": "109.07", "derived_fields": ["state"], "employer_coverage": "“Employer” means any business enterprise that employs 50 or more persons in this state.", "id": "wisconsin", "notice_days": "no later than 60 days prior to the date on which the business closing or mass layoff takes place", "source": "https://docs.legis.wisconsin.gov/statutes/statutes/109/07", "source_quote": "“Business closing” means a permanent or temporary shutdown of an employment site or of one or more facilities or operating units at an employment site or within a single municipality that affects 25 or more employees, not including new or low-hour employees. 109.07(1)(c) (c) “Employee benefit plan” means a plan as defined in 29 USC 1002 (3). 109.07(1)(d) (d) “Employer” means any business enterprise that employs 50 or more persons in this state. 109.07(1)(e) (e) “Highest official” means the mayor of a city, town board chairperson or village president, except as follows: 109.07(1)(e)1. 1. For a city organized under subch. I of ch. 64, “highest official” means both the president of the city council and the city manager. 109.07(1)(e)2. 2. For a village organized under subch. I of ch. 64, “highest official” means both the president of the village board of trustees and the village manager. 109.07(1)(f) (f) “Mass layoff” means a reduction in an employer’s work force that is not the result of a business closing and that affects the following numbers of employees at an employment site or within a single municipality, not including new or low-hour employees: 109.07(1)(f)1. 1. At least 25 percent of the employer’s work force or 25 employees, whichever is greater; or 109.07(1)(f)2. 2. At least 500 employees. 109.07(1)(g) (g) “Municipality” means a city, village or town. 109.07(1)(h) (h) “New or low-hour employee” means an employee who has been employed by an employer for fewer than 6 of the 12 months preceding the date on which a notice is required under sub. (1m) (a) or who averages fewer than 20 hours of work per week. 109.07(1m) (1m) 109.07(1m)(a) (a) Subject to sub. (5) or (6), an employer that has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 106.15, any affected employee, any collective bargaining representative of any affected employee, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date on which the business closing or mass layoff takes place.", "state": "Wisconsin", "trigger_event": "a business closing that affects 25 or more employees, not including new or low-hour employees; a mass layoff that affects at least 25 percent of the employer’s work force or 25 employees, whichever is greater, or at least 500 employees", "url": "https://referencesource.org/state-mini-warn-act-thresholds/wisconsin/", "verified_fields": ["citation", "employer_coverage", "notice_days"]} | |