Will the Department of Labor provide me with a confirmation letter that I have complied with the WARN Act?

Question presented:

Will the Department of Labor provide me with a confirmation letter that I have complied with the WARN Act?

No, the Department of Labor (“DOL”) will not provide a company with a confirmation letter that a company has complied with the WARN Act.

The role of the U.S. Department of Labor is limited to providing guidance and information about the WARN Act; such guidance is not binding on courts and does not replace the advice of an attorney.

While the Department can provide guidance and information about the WARN Act, it has neither investigative nor enforcement authority under the WARN Act; therefore, it cannot issue advisory opinions on specific cases.

The WARN Act is enforced by private legal action (civil lawsuit) in the U.S. District Court for any district in which the violation is alleged to have occurred or in which the employer transacts business. Any dispute regarding the interpretation of the Act including its exceptions is determined on a case-by-case basis in such a court proceeding.