WARN — Employer’s Guide To California And Federal Mass Layoff And Plant Closing Rules (2021)
$89.00 | ||
Electronic | $119.00 | |
Both | $149.00 |
Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Ninth
ISBN: 9781940747620
Pages: Over 110
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Description
The Federal Worker Adjustment and Retraining Notification Act (“WARN”) applies to employers throughout the country with 100 or more employees. California’s independent rules apply to employers with 75 or more employees. The laws require advance notice before a mass layoff or plant closing can occur.
This publication addresses the notification obligations created by the federal and state laws, as well as the key exemptions and rules regarding temporary projects, covered employers, sales of businesses, strikes, lockouts, employee notices, and enforcement provisions. It describes the compliance obligations employers face and limited exceptions to the notification obligations. It also examines the damages and remedies available where violations occur. It includes helpful appendices that include a side-by-side comparison of the state and federal laws, a case table and other resources.
Among the key subjects addressed in the publication are the following:
- Advance Notification Obligations
- Application Of WARN Rules To COVID-19 Pandemic
- Definition Of Mass Layoffs
- Definition Of Plant Closings
- The “Employment Loss” Standards
- Impact Of Stay-at-Home Orders
- Implications Of Reducing Hours Of Work
- Exemptions And Modifications To Advance Notice Rules
- California And Federal Laws
- Covered Employers
- Sales Of Businesses
- Unforeseeable Business Circumstances
- Strikes And Lockouts
- Employee Notices
- Enforcement Provisions And Interpretations
- Damages And Penalties
- Case Law Developments
- Side-By-Side Comparison Of California And Federal WARN Rules
- Stay-At-Home Orders
Additional information
Format | Both, Electronic, Print |
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Table Of Contents
SECTION 1 INTRODUCTION
SECTION 2 PROVISIONS OF THE FEDERAL WARN ACT
2.1 Covered Employers
2.2 Impact On Plant Closings And Mass Layoffs
2.3 Business Relocations And Consolidations
2.4 Sales Of Businesses
SECTION 3 NOTIFICATION RULES UNDER FEDERAL LAW
3.1 General Notice Rules
3.2 Limited Exceptions To The 60-Day Notification Rule
3.3 Complete Exemptions From Notification Rules
SECTION 4 SALES OF BUSINESSES
4.1 Special Rules Applicable In The Event Of Sales
4.2 Arrangements Between Purchaser And Seller
SECTION 5 ENFORCEMENT PROVISIONS
5.1 Recoveries By Employees
5.2 Units Of Local Government
5.3 Court Discretion Regarding Liability
5.4 Private Right Of Action
5.5 Exclusive Remedies
5.6 Notice And Bargaining Obligations With Respect To Union Employees
SECTION 6 CALIFORNIA’S MASS LAYOFF AND TERMINATION LAW
6.1 Overview
6.2 Covered Employers
6.3 Required Notifications
6.4 Triggering Events
6.5 Exceptions To The Notice Rule
6.6 Penalties For Violating The Notification Rules
6.7 Additional Civil Penalties
6.8 Enforcement
6.9 Reduction In Penalties
6.10 Comparison Of State And Federal Laws
SECTION 7 APPLICATION OF WARN REQUIREMENTS TO THE COVID-19 PANDEMIC
7.1 Overview
7.2 The Federal WARN Act
7.3 The California Mass Layoff And Termination Law
APPENDIX A Department Of Labor Regulations
APPENDIX B California WARN Act
APPENDIX C Comparison Of Federal WARN Act Provisions And Those Of California Law
APPENDIX D EDD Worker Adjustment And Retraining Notification (WARN) Information For Employers
APPENDIX E California Executive Order N-31-20 (March 17, 2020)
APPENDIX F Department of Industrial Relations Guidance On Conditional Suspension Of California WARN Act Notice Requirements Under Executive Order N-31-20 (March 23, 2020)
APPENDIX G Case Table