http://wdr.doleta.gov/directives/attach/TEGL/TEGL_3a_12_acc.pdfFrom the notice - at the above link.
"4. WARN Act. "The purpose of [the] WARN Act [is] to provide notice to workers so
alternative employment or necessary training can be obtained on a timely basis.” 53 Fed. Reg.
49078 (Dec. 5, 1988).
Generally, the WARN Act requires employers with at least 100
employees to provide written notice at least 60 days before ordering a plant closing or mass
layoff to: "affected employees” – either through notice to their representative, or to each affected
employee if the employees are not represented; to the state entity designated to provide rapid
response activities under the Workforce Investment Act; and to the local government. 29 U.S.C.
2102(a). A "plant closing” or a "mass layoff” is defined in terms of numbers of workers at a
single site of employment who suffer an "employment loss.” Id. § 2101(a)(2) and (3).
"Affected
employees” are employees "who may reasonably be expected to experience an employment loss
as a consequence of a proposed plant closing or mass layoff by their employer.” Id. § 2101(a)(5).
An "employment loss” is defined as a termination from employment other than a termination for
cause, voluntary departure, or retirement; a layoff for more than 6 months; or a reduction in hours
of more than 50 percent in each month of a 6-month period. Id. § 2101(a)(6). These statutory
provisions demonstrate that the WARN Act is designed to require employers to provide notice to
those workers who are reasonably likely to lose their jobs or suffer other serious employment
consequences, but not to those workers who will suffer no such consequences or who have only a
speculative chance of suffering them."
And the Labor Dept. says that the above does not apply––-