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States Beginning to Issue Policy Statements Concerning Mini-WARN Act Enforcement

As of today, CWC is aware of three states that have published policy statements concerning the impact of COVID-19 on the enforcement of their “Mini” WARN statutes, which require employers to give prior notice of impending mass layoffs or plant closings under certain conditions.

As previously reported, California Governor Gavin Newsom issued an executive order suspending the 60-day notice requirement under certain conditions.
In New York, the state Department of Labor’s website appears to imply that the state will consider the COVID-19 pandemic as an “unexpected circumstances beyond an employer’s control” that excuses strict compliance with the notification requirements.
Similarly, Vermont’s Department of Labor has announced that it does not intend to enforce its mini-WARN law “against businesses who are forced to lay off employees due to the effects of the COVID-19 pandemic,” but encouraged employers to still reach out to the department if they’re contemplating a layoff.

For more information on WARN Act requirements, see Memorandum 20-067 (April 3, 2020).

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