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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- WARN Advisor

What do I have to do to Extend the Notice?

You must provide notice when the date or schedule of dates of a planned plant closing or mass layoff is extended beyond the date or the ending date of any 14-day period announced in the original notice as follows:

  • If the postponement is for less than 60 days, the additional notice should be given as soon as possible to the affected employees, the local chief elected official and the State Rapid Response Dislocated Worker Unit and should include reference to the earlier notice, the date (or 14-day period) to which the planned action is postponed, and the reasons for the postponement. The notice need not be formal notice but should be given in a manner which will provide the information to all affected employees.

  • If the postponement is for 60 days or more, the additional notice should be treated as a new WARN notice. Rolling notice, in the sense of routine periodic notice, given whether or not a plant closing or mass layoff is impending, and with the intent to evade specific notice as required by WARN, is not acceptable.

Situations when notice may be extended are discussed in Section 639.10 of the WARN regulations and discussed in the Preamble to the 1989 Final Rule.