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elaws - employment laws assistance for workers and small businesses - WARN Advisor

My Event is Covered by WARN. What Notice is Required?

Based on the answers you provided, your event is a covered event under WARN.

To help in determining whether or not notice is required, the Advisor will now ask you a few more questions.

An employer is not required to provide notice to workers who are part of the bargaining unit(s) (a bargaining unit is the group of employees who are represented by a union for collective bargaining purposes) involved in the labor negotiations that led to a lockout or strike when the strike or lockout leads to a plant closing or mass layoff. This exemption does not apply if a plant closing or mass layoff occurs for reasons unrelated to the strike or lockout or if the plant closing or mass layoff is intended to evade the purposes of WARN. Non-striking employees who experience an employment loss as a direct or indirect result of a strike and workers who are not part of the bargaining unit(s) involved in the labor negotiations that led to the strike or lockout are still entitled to notice. Workers at other plants at which there is no strike but at which a plant closing or mass layoff occurs as a result of the strike or lockout (for example, where the struck or locked out plant is a major supplier of or a major customer of the affected plant) are entitled to notice.

Are the employment losses the result of a strike or lockout?