Employers must notify the Department of Employment Services, State Dislocated Worker Unit, of certain layoffs and closure events as follows:
Employer Anticipating Layoffs of Closure
- Pursuant to 29 U.S.C. § 2017(a) and 20 CFR 639.7(e), if your business or organization has over 100 employees and is anticipating layoffs of 50+ workers or at least 33% of your active workforce, notice shall be submitted to State Dislocated Worker Units at least 60 days before any employee is released. The notice shall include: The name and address of the employment site where the plant closure or mass layoff will occur, and the name and telephone number of a company official to contact for further information.
- A statement as to whether the planned action is expected to be permanent or temporary and, if the entire plant is to be closed, a statement to that effect.
- The expected date of the first separation, and the anticipated schedule for making separations.
- The job titles of positions to be affected, and the number of affected employees in each job classification.
- An indication as to whether or not bumping rights exist.
- The name of each union representing affected employees, and the name and address of the chief elected officer of each union.
As an alternative to the notices outlined above, an employer may give notice to the State dislocated worker unit and to the unit of local government by providing them with a written notice stating the name of address of the employment site where the plant closing or mass layoff will occur; the name and telephone number of a company official to contact for further information; the expected date of the first separation; and the number of affected employees. However, the employer is required to maintain the other information listed above on site and readily accessible to the State dislocated worker unit and to the unit of general local government. Should this information not be available when requested, it will be deemed a failure to give the required notice.
Federal agency that anticipates laying off 50 or more employees through a Reduction in Force (RIF) action
Pursuant to 5 U.S.C. § 3502(d) and 5 CFR. 351.803(b), if you are a federal government agency conducting a reduction in force involving the separation of a significant number of employees, notices shall be submitted to the State Dislocated Worker Units at least 60 days before any employee is released. The notice shall include:
- The number of employees to be separated from service due to the reduction in force (broken down by geographic area or on such other basis as may be required under paragraph (4);
- When those separations will occur; and
- Any other matter which might facilitate the delivery of rapid response assistance or other services under title I of WIOA.
Other Employers
Even if you are an employer facing a layoff or closure event that is not subject to WARN or federal RIF requirements, we still encourage you to notify DOES of a dislocation so that your organization and your impacted workers can take advantage of Rapid Response services. This includes larger organizations laying off a small number of people, smaller organizations laying off any number of people, and others.
Additional Resources:
- Workforce Reshaping Operations Handbook (U.S. Office of Personnel Management)
- WARN ACT Compliance Assistance (U.S. Department of Labor)
Please note, the information contained on this page is intended to provide general information and guidance regarding the reporting requirements under federal law. Employers should review the law and seek legal advice to ensure compliance with all its legal obligations.