WARN Act Pennsylvania: Employee Rights & Company Obligations

The Worker Adjustment and Retraining Notification (WARN) Act, a federal labor law, intersects significantly with Pennsylvania's employment landscape, thereby establishing essential employee protections. Business owners in Pennsylvania must understand their obligations under the federal WARN Act regarding plant closings and mass layoffs. This understanding is vital to compliance and employee relations. Therefore, navigating the complexities of warn act pennsylvania is crucial for both employers and employees alike, ensuring fair treatment and proper notification during significant workforce reductions.

Image taken from the YouTube channel KTLA 5 , from the video titled Attorney Priya Sopori explains WARN Act laws at issue in mass layoff lawsuit .

WARN Act Pennsylvania: Structuring Your Informative Article

When crafting an informative article about the WARN Act in Pennsylvania, focusing on employee rights and company obligations, a well-structured layout is crucial for clarity and reader comprehension. The goal is to present complex information in an easily digestible manner. Here's a suggested structure:

1. Introduction: Setting the Stage for "WARN Act Pennsylvania"

This section introduces the WARN Act and its relevance to Pennsylvania.

• Start with a brief overview of the federal Worker Adjustment and Retraining Notification (WARN) Act. Explain its purpose: to provide workers and communities with advance notice of major employment losses.
• Specifically mention "WARN Act Pennsylvania" and how Pennsylvania follows the federal guidelines, although some states have their own parallel laws that may have different requirements. Note that Pennsylvania does not have its own state-level WARN Act.
• Clearly state the article's objective: to explain employee rights and company obligations under the WARN Act in the context of Pennsylvania.
• Include a concise statement about who is covered by the WARN Act (employers with 100+ employees).
• Example sentence: "This article will clarify the requirements of the WARN Act in Pennsylvania, ensuring both employers and employees understand their respective responsibilities and rights in the event of a mass layoff or plant closing."

2. Understanding the WARN Act: Core Concepts

This section defines key terms and concepts related to the WARN Act.

2.1. Defining Key Terms

• Plant Closing: A 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 part-time employees.
• Mass Layoff: A reduction in force that is not the result of a plant closing, but results in an employment loss at the single site of employment during any 30-day period for:
  • 500 or more employees, excluding part-time employees, OR
  • 50-499 employees, excluding part-time employees, if they make up at least 33% of the employer's active workforce at that single site of employment.
• Employment Loss: An employment termination, a layoff exceeding six months, or a reduction in hours of more than 50 percent during each month of any six-month period.
• Part-Time Employee: 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.
• Single Site of Employment: This refers to geographically connected sites. Remote workers are included in the definition.

2.2. Covered Employers

• Explain the criteria for employers covered by the WARN Act: Generally, employers with 100 or more employees (excluding part-time employees) are covered.
• Specify if government entities are exempt.

2.3. Who is Entitled to Notice?

• Emphasize that the WARN Act aims to protect workers.
• List the recipients who must receive notice:
  • Employees expected to experience an employment loss.
  • Employee representatives (e.g., labor unions).
  • The Pennsylvania Dislocated Worker Unit.

3. Employee Rights Under the "WARN Act Pennsylvania"

This section focuses on the rights afforded to employees under the WARN Act when operating in Pennsylvania.

3.1. Right to 60-Day Notice

• Explain the core requirement: Employers must provide 60 calendar days advance written notice of a plant closing or mass layoff.
• Highlight what the notice must contain (see section 5).

3.2. What Happens if the Employer Doesn't Comply?

• Explain the penalties for non-compliance.
• Emphasize that employees may have grounds to sue for back pay and benefits for the period of the violation, up to a maximum of 60 days.
• Discuss the potential liability for attorney's fees.

4. Company Obligations Under the WARN Act in Pennsylvania

This section outlines the responsibilities of employers operating in Pennsylvania.

4.1. Providing Adequate Notice

• Detail what constitutes "adequate notice." It should include:
  • The name and address of the employment site where the plant closing or mass layoff will occur.
  • The nature of the planned action (i.e., whether it is a plant closing or a mass layoff).
  • The expected date of the first separation and the anticipated schedule for subsequent separations.
  • The job titles of positions to be affected.
  • The number of affected employees in each job title.
  • Whether bumping rights exist.
  • The name, address, and telephone number of a company official to contact for further information.
  • A statement regarding whether the planned action is expected to be permanent or temporary, and if the entire plant is to be closed.

4.2. Exceptions to the 60-Day Notice Requirement

• Identify the exceptions where shorter notice may be permissible. These are:
  • Faltering Company: When an employer is actively seeking capital or business which, if obtained, would have enabled the employer to avoid or postpone the shutdown and the employer reasonably and in good faith believed that giving the required notice would have precluded obtaining the needed capital or business.
  • Unforeseeable Business Circumstances: Caused by some sudden, dramatic, and unexpected action or event outside the employer's control.
  • Natural Disaster: Relates to events such as floods, earthquakes, droughts, storms, or similar effects of nature.
• Emphasize that the employer must provide as much notice as is practicable and provide a brief statement of the reason for reducing the notification period.

4.3. Notifying the Pennsylvania Dislocated Worker Unit

• Explain the requirement to notify the state Dislocated Worker Unit. Provide contact information (or a link to their website). This notification is distinct from, and in addition to, notifying employees.

5. Sample WARN Act Notice Checklist

Consider including a checklist or table format to help employers ensure their notice contains all required elements:

6. Seeking Legal Counsel: When to Consult an Attorney

• Advise both employees and employers to seek legal advice if they have questions or concerns about the WARN Act.
• Suggest consulting an attorney specializing in employment law in Pennsylvania.
• Emphasize the complexities of WARN Act compliance and potential legal ramifications.

Video: WARN Act Pennsylvania: Employee Rights & Company Obligations

Play Video