WARN Act State Learns of a Worksite Closing or Mass Layoff WARN logs and WARN Notice

Question presented:

When a State learns of a major dislocation (a worksite closing or mass layoff) resulting from the COVID-19 pandemic, should States add them to WARN logs before receiving WARN notices from the employers?

Please read our Disclaimer.

While the COVID-19 pandemic does not excuse employers from issuing WARN notices to employees, States, and Chief Local Elected Officials, the fast-moving nature of the pandemic may require certain worksite closings and mass layoffs to be implemented before completion of the 60­day notice requirement. Such closings and mass layoffs may fall under one of the exceptions to the 60-day notice requirement. Whether to add such actions to State WARN logs before receiving notice from employers is a State-level decision; States should continue to follow their policies and procedures for logging WARN notices. States may wish to track layoffs due to COVID-19, as well as whether notices are received concerning such layoffs.