Does the WARN Act Apply?

The Worker Adjustment and Retraining Notification (WARN) Act covers only certain types of employers and requires advance notification only in specific circumstances. The following Quick Reference chart will enable an employer to determine if it is covered by the WARN Act, and if so, whether the WARN Act requires advance notification for an upcoming layoff, site closure or reduction in force (RIF).

If the employer is not covered, then it need not provide advance notification of an upcoming layoff or RIF. If, on the other hand, the employer is covered and the circumstances require advance notification under the law, the employer must comply with the notification provisions of the WARN Act.