WARN Act: What are the Penalties for Failure to Give Notice? Yes $500 Per Day
Question presented:
Are there penalties to the employer for violating the WARN advance notice requirement?
We invite your attention to our disclaimer.
Yes. An employer who violates the WARN Act notice requirement is liable to each affected employee for an amount equal to back pay and benefits for the period of violation up to 60 days.
$500 Per Day Penalty
An employer who fails to provide notice as required to a unit of local government is subject to a civil penalty not to exceed $500 for each day of violation.
The penalty may be avoided if the employer satisfies the liability to each affected employee within three weeks after the closing. In any suit, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. These are the only remedies that WARN provides.