Help -
Help for Webmasters
« back to results for ""
Below is a cache of http://www.doleta.gov/layoff/pdf/WARN_Natural_Disaster_Fact_Sheet.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. Social Science is a system of knowledge about the nature, growth, and functioning of human societies U.S. Department of Labor Employment and Training Administration Worker Adjustment and Retraining Notification Act Katrina Natural Disaster Fact Sheet General Provisions The Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to provide at
least 60 calendar days advance written notice of a plant closing or mass layoff affecting 50 or more employees
at a single site of employment. The Act makes certain exceptions to the requirements when dislocations occur
due to natural disasters if the employees are unreachable and the employment site is destroyed. The following
responses represent the U.S. Department of Labors best reading of the WARN Act and regulations. Employers
should be aware that the U.S. Federal Court solely enforces the Act and these answers are not binding on the
courts:
When a plant closure or a mass layoff is the direct result of a natural disaster such as a hurricane, flood,
earthquake, drought, storm, tidal wave, or similar events caused by nature, employers are obligated to
give as much notice as possible, even if the notice comes after a disaster. To comply with the law, the
employer may send notice to the employees last known address, even if their homes are destroyed.
This would indicate good faith. The regulations recognize that the available information may be limited. If the plant is destroyed as a result of a natural disaster and the employment records are all gone, and the
employer cannot send individual notices, the employer should try to show good faith by either posting
notices at the worksite including a statement that individual notice is not possible because the employ-
ment records have been destroyed or by providing a notice in a newspaper to the same effect or both. If the employer does not have access to its employment site or employees last known address, the
employer should do what it would do if the plant is destroyed.
In all likelihood, if the employer gave no notice in those circumstances, it may not be held liable for failure. On
the other hand, if the employer wants to rebuild, it may be in its interest to make efforts to contact its employees
to be sure it has a workforce when it reopens.
Additional Information For all WARN Act questions or for more information concerning natural disasters under WARN contact:
U.S. Department of Labor, Employment and Training Administration
Office of National Response
Division of Worker Dislocation and Special Response
200 Constitution Avenue, N.W., Room N5422
Washington, D.C. 20210
(202) 693-3519 Sept. 2005
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. Social Science is a system of knowledge about the nature, growth, and functioning of human societies U.S. Department of Labor Employment and Training Administration Worker Adjustment and Retraining Notification Act Katrina Natural Disaster Fact Sheet General Provisions The Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to provide at
least 60 calendar days advance written notice of a plant closing or mass layoff affecting 50 or more employees
at a single site of employment. The Act makes certain exceptions to the requirements when dislocations occur
due to natural disasters if the employees are unreachable and the employment site is destroyed. The following
responses represent the U.S. Department of Labors best reading of the WARN Act and regulations. Employers
should be aware that the U.S. Federal Court solely enforces the Act and these answers are not binding on the
courts:
When a plant closure or a mass layoff is the direct result of a natural disaster such as a hurricane, flood,
earthquake, drought, storm, tidal wave, or similar events caused by nature, employers are obligated to
give as much notice as possible, even if the notice comes after a disaster. To comply with the law, the
employer may send notice to the employees last known address, even if their homes are destroyed.
This would indicate good faith. The regulations recognize that the available information may be limited. If the plant is destroyed as a result of a natural disaster and the employment records are all gone, and the
employer cannot send individual notices, the employer should try to show good faith by either posting
notices at the worksite including a statement that individual notice is not possible because the employ-
ment records have been destroyed or by providing a notice in a newspaper to the same effect or both. If the employer does not have access to its employment site or employees last known address, the
employer should do what it would do if the plant is destroyed.
In all likelihood, if the employer gave no notice in those circumstances, it may not be held liable for failure. On
the other hand, if the employer wants to rebuild, it may be in its interest to make efforts to contact its employees
to be sure it has a workforce when it reopens.
Additional Information For all WARN Act questions or for more information concerning natural disasters under WARN contact:
U.S. Department of Labor, Employment and Training Administration
Office of National Response
Division of Worker Dislocation and Special Response
200 Constitution Avenue, N.W., Room N5422
Washington, D.C. 20210
(202) 693-3519 Sept. 2005
download Social Science is a system of knowledge about the nature, growth, and ...
