WARN Act Basics for New Employment Attorneys: Guiding Clients Through the Mass Layoff Process

When approached by employer clients about the possibility of RIFs or layoffs, one of the first things employment attorneys should consider is whether the WARN Act applies—not only the federal law but also any potential state mini-WARN laws and how they may expand employer obligations. Failure to comply could result in hefty penalties for employers.

The WARN Act requires covered employers to provide 60 days' advance notice of certain plant closings or mass layoffs. Counsel should understand, among other things, which employers are covered, events that trigger WARN's notice requirements, the type of notice required, and potential penalties for WARN violations. Counsel should also be able to advise employer clients on how to evaluate who to let go to avoid unlawful discrimination claims.

Listen as our expert panel provides new employment attorneys with an overview of WARN requirements and offers best practices for guiding employer clients through the layoff process when WARN applies.

I. Introduction

II. WARN Act overview

A. Purpose

B. Covered employers

C. Affected employees

D. Triggering events

E. Notice requirements and exceptions

F. Enforcement/penalties

III. State mini-WARN law considerations

IV. Pointers on evaluating who to let go

V. Best practices for guiding employers through the layoff process

The panel will review these and other key considerations:

• Which employers are covered by the WARN Act?
• What types of layoffs trigger WARN notice requirements?
• What are the WARN Act's notice requirements? Are there any exceptions?
• What are best practices for guiding clients through the layoff process when WARN applies?