Massachusetts has a mini-Worker Adjustment and Retraining Act (WARN). This act works with the federal Worker Adjustment and Retraining Act (WARN) to provide employees with a prior warning before a plant closure or mass layoffs.
A Boston labor and employment law firm can provide more information about the WARN Act and its applications on the state and federal levels. You can review this information if you learn about upcoming layoffs or a plant closure at your job.
Massachusetts Has a Mini-WARN Act
The Federal government established the WARN Act in 1988. The Act provides workers with time to prepare for job transitions in the event of plant closures and mass layoffs. In some cases, the Act offers retraining services or details about job opportunities.
Many states, including Massachusetts, instituted mini-WARN acts. These mini-WARN acts can expand on the duties of employers.
The MassHire Department of Career Services provides specific information about the active mini-WARN Act in our state.
For a free legal consultation, call (860) 999-9394
Regulations Set Up by Massachusetts’ Mini-WARN Act
The mini-WARN Act in Massachusetts specifically requires that employers provide notification to the commissioner of the Department of Career Services if they plan to relocate or close a plant. You can learn more about all aspects of this law.
When Does an Employer Have to File a WARN?
Employers in Massachusetts may have to file a WARN if they:
- Close a worksite and impact 50 or more workers
- Carry out mass layoffs that impact 50 or more workers (and a third of the total workforce at the job site)
- Carry out mass layoffs that impact 500 or more workers from one employment site
Additionally, employers may have to adhere to WARN regulations if they anticipate multiple employment losses over a period of 90 days that meet the above criteria.
These regulations align closely with WARN Act Compliance rules issued by the federal government.
Are There WARN Exceptions?
An employer may not have to file a WARN if the layoff will impact employees who have less than six months of time on the job in some cases. For example, this exception applies if new employees do not count towards the 100 or more threshold for full-time employees.
What Do You Need to Know About the Federal WARN Act?
Massachusetts’ mini-WARN act closely follows all federal WARN regulations; it only adds a requirement for local businesses to notify the Department of Career Services.
Therefore, the regulations we previously discussed apply to the federal WARN Act. Under this federal law, you can receive protection as a(n):
- Hourly worker
- Salaried worker
- Managerial employee
- Supervisory employee
If you are laid off for more than six months or have your regular hours reduced by at least half for each month over a period of six months, you may have protections under the federal WARN Act.
Does the Federal WARN Act Protect All Employees?
The federal WARN Act does not provide protection to all employees. You may not receive protection under this law if you:
- Worked on a temporary project or understood the temporary nature of your work
- Are on strike
- Are locked out due to a labor dispute
- Work as a local, state, or federal government employee
Additionally, you may not qualify for protection if you work as a:
- Consultation
- Contract employee
- Business partner
You can review these laws in more detail or contact legal professionals to determine whether you should be protected under the WARN Act.
Click to contact our labor & employment lawyers today
What Information Do Employers Have to Share Under the WARN Act?
Under the federal WARN Act, employers must provide:
- Information about whether the closing or layoff will be temporary or permanent
- The date of the closing or layoff
- Contact information for someone in the company who can provide more information
- Information about your bumping rights
Failure to provide any of this information can result in a violation of WARN regulations.
Complete a Free Case Evaluation form now
What Do Employers Do to Follow WARN Regulations?
Massachusetts requires employers with a duty to issue a WARN to notify:
- Local government officials
- MassHire Rapid Response
- All covered employees
Employers must provide this notification 60 days before the plant closing or a mass layoff. So, Massachusetts does have a WARN act and many employers must follow it.
Does Issuing a WARN Benefit Employers?
State and federal laws require employers to issue a WARN in certain circumstances. Following these regulations can help employers avoid penalties from the government and class-action lawsuits from employees.
Additionally, providing WARN can minimize the time employees need to draw on Unemployment Insurance (UI). Therefore, taking this step can reduce the overall UI charges a company faces after closing or laying off employees.
Learn More About the WARN Act in Massachusetts
Does Massachusetts have a WARN Act? Yes, our state has a mini-WARN Act, and businesses in Massachusetts have to follow regulations from the federal WARN Act. You can learn more about these rules with our team at Duddy, Goodwin & Pollard.
We provide a Massachusetts labor and employment law guide and can help you understand your complicated circumstances.
We’re ready to help if you believe your employer violated the WARN Act. You can learn more about us and how we can assist you when you call or complete our online contact form.
Call or text (860) 999-9394 or complete a Free Case Evaluation form