Massachusetts WARN Act

Under Massachusetts state law, employers with 50 or more employees at a facility who plan to relocate at least 12 employees must provide advance notice to the employees before relocating.

The Federal WARN Act also protects your rights.  Under the WARN Act, companies that carry out mass layoffs or plant closings without providing proper notice may violate the law and be required to pay employees up to 60 day’s pay. The seasoned WARN Act attorneys at Outten & Golden will work to seek compensation when workers’ rights are violated.

For a layoff or plant closing to qualify under the federal WARN Act, the following must be met:

  • Employers must have 100 or more full-time employees who work more than six of the past 12 months and average over 20 hours a week (note that most government employers are not covered).
  • For a Mass Layoff: 50 or more laid-off employees at a site comprising over a third of the workforce at a site are terminated (500 or more do not need to meet the 1/3 ratio).
  • For a Plant Closing or Shut Down: 50 or more employees are let go from the shut worksite.
  • Workforce reductions within a 30-day window are combined into one Mass Layoff.
  • Workforce reductions within a 90-day period may constitute a Mass Layoff, if the threshold layoff numbers above are not met within a 30 day period.

WHICH LAW APPLIES, STATE OR FEDERAL?

If you are confused by the federal and state WARN Acts, you are not alone. Your best strategy is to consult with a seasoned attorney at Outten & Golden LLP. We are one of the largest employment law firms in the nation. We have litigated WARN Act cases all around the country, including Massachusetts.

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