U.S. Virgin Islands WARN Act

Workers in the U.S. Virgin Islands are protected by the Federal WARN Act, which requires certain employers to give 60 days’ notice before a mass layoff or plant closing. Additionally, local law imposes certain requirements on employers that differ slightly from the federal law.

Layoffs and Plant Closings Hurt Workers.

Mass layoffs and plant closings in the Virgin Islands affect not only workers, but families and communities.  In a territory with many different industries and areas that are experiencing changes, the federal and state WARN Acts can provide some protection if you lose your job as part of a mass layoff or shutdown. The WARN Practice Group at Outten & Golden will work hard to vigorously represent you.

The law of the Virgin Islands impose obligations similar to those under the federal WARN Act, but instead of 60 days’ notice, employers must provide at least 90 days’ advance notice before carrying out a mass layoff.  This requirement can apply to layoffs of as few as 10 employees.

The Federal WARN Act applies to mass layoffs or shutdowns in the following situations:

  • 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.
  • The 90-day rule combines two layoffs that may not meet the threshold individually.

Does the WARN Act apply to me?

If you are confused by the statutes associated with 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, and we have litigated WARN Act cases all over the country.

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For more information or to schedule a free telephone consultation with an experienced lawyer, please Contact Us .