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Q: Need a summary of key provisions of the Warren Act ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Need a summary of key provisions of the Warren Act
Category: Business and Money > Employment
Asked by: nick37-ga
List Price: $20.00
Posted: 15 Aug 2003 13:54 PDT
Expires: 14 Sep 2003 13:54 PDT
Question ID: 245186
The Warren Act provides guidelines for certain companies closing their
doors.  A key provision requires 60 days notice to be given to
employees.

I need an executive summary of the key provisions that doesn't require
wading through mounds of legalize and is well-sourced.

Ideally it would answer questions such as:
What companies are subject to the act?
What are their obligations?

Also, during the 60 day notification period, can non-paid layoffs for
partial or full days be done if that had been the historical practice?

Thanks for your help!
Answer  
Subject: Re: Need a summary of key provisions of the Warren Act
Answered By: juggler-ga on 15 Aug 2003 14:57 PDT
Rated:5 out of 5 stars
 
Hello.

First of all, I must point out that Google Answers provides general
information.  Google Answers is not a substitute for professional
legal advice and should in no way be considered as such.  No
warranties are expressed or implied.

---------

Actually, the law that you're looking for is the Worker Adjustment and
Retraining Notification ("WARN" not "Warren") Act.

An excellent executive summary of the WARN Act is available from the
U.S. Department of Labor:
http://www.doleta.gov/layoff/warn.cfm

That summary pretty clearly covers the companies subject to the WARN
Act and their obligations.

---------

You ask, "Also, during the 60 day notification period, can non-paid
layoffs for
partial or full days be done if that had been the historical
practice?"

During the 60 day notification period, the employee is entitled to
full payment for what "would have been work days."  See:
U.S. 9th Circuit Court of Appeals
BURNS v STONE FOREST IND.
http://laws.lp.findlaw.com/getcase/9th/case/9635715&exact=1


Also see:
Morrison & Foerster Employment Law Commentary

  "If an employer fails to provide proper notice, employees can
recover their salary and benefits for the period for which notice was
not given, up to a maximum of 60 days. Although the WARN Act does not
specifically allow employers to provide pay in lieu of notice, no
other damages would appear to be recoverable as long as the employee
also receives any other employment benefits (such as insurance
coverage or stock option vesting) that he or she would have received
during the notice period.
  Many employers decide not to have affected employees work during the
60-day notice period, often due to concerns about workplace morale or
the potential for misconduct by disgruntled employees. This can be
accomplished either through providing pay in lieu of notice or placing
affected employees on a fully-paid leave of absence for the duration
of the notice period."
source: Morrison & Foerster Employment Law Commentary
http://www.mofo.com/news/bulletin.cfm?&ID=68&Type=7

------------

If you decide to take a look at the "legalese" after all, see:

Worker Adjustment and Retraining Notification
Code of Federal Regulations
http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_639/toc.htm

29 United States Code
CHAPTER 23 - WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
http://www4.law.cornell.edu/uscode/29/ch23.html


search strategy:
employees, "60 days", layoff
"Warn act", "60 days"

I hope this helps.  If anything is unclear, please use the "request
clarification" feature. Thanks.


I hope this helps.
nick37-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Just what I needed - thanks!

Comments  
Subject: Re: Need a summary of key provisions of the Warren Act
From: juggler-ga on 16 Aug 2003 15:24 PDT
 
Thank you for the tip.
-juggler

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