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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- WARN Advisor

My Event is Covered by WARN, What Notice is Required?

Based on the answers you provided, your event is a covered event under WARN.

To help in determining whether or not notice is required, the Advisor will now ask you a few more questions.

An employer is not required to provide notice to strikers or to workers who are part of the bargaining unit(s) (a bargaining unit is the group of employees who are represented by a union for collective bargaining purposes) involved in the labor negotiations that led to a strike or lockout when the strike or lockout leads to a plant closing or mass layoff. This exemption does not apply to plant closings or mass layoffs that occur for reasons unrelated to the strike or lockout or are intended to evade WARN. Non-striking employees who experience an employment loss as a direct or indirect result of a strike and workers who are not part of the bargaining unit(s) involved in the labor negotiations that led to a lockout are still entitled to notice. Workers at other plants at which there is no strike but at which a plant closing or mass layoff occurs as a result of the strike or lockout (for example, where the struck or locked out plant is a major supplier of or a major customer of the affected plant) are entitled to notice.

Were the employment losses the result of a strike or lockout?