WARN Act in Florida: What it is & Layoff Notice Requirements

The WARN Act (Worker Adjustment and Retraining Notification Act) is a federal law that requires 60 days’ advance notice to protect employees during significant layoffs or business closures. This notice period allows workers time to secure alternative employment or retraining opportunities, reducing the sudden financial impact of job loss.

Although some states have additional WARN requirements, this guide addresses the provisions of the federal WARN Act as they apply in Florida. Four Rivers Law Firm is well-versed in employment law and labor law, including the WARN Act’s specifics, and has a solid track record in advising both businesses and employees on compliance and rights.

Our Tampa employment lawyers ensure you’re fully informed about compliance and rights during significant layoffs or business closures. 

Overview of the WARN Act in FL 

The WARN Act (Worker Adjustment and Retraining Notification Act), codified at 29 U.S.C. § 2100 et seq., requires employers to notify affected employees, local government officials, and state agencies of substantial layoffs or business closures. 

The Act aims to provide employees with advance notice—typically 60 days—of significant employment changes, allowing them time to secure other employment, pursue retraining, or arrange their finances.

The WARN Act was designed to ease the impact of mass layoffs and plant closures on workers and communities. By mandating advance notice, the law strives to mitigate the economic and emotional disruption these changes can cause, giving affected employees and families time to plan.

The Act’s advance notification provisions also enable local communities to better prepare for the economic effects of large job losses. But who is covered by the WARN Act?

The WARN Act applies to employers with 100 or more full-time employees or 100 or more employees (both full- and part-time) who work a combined total of at least 4,000 hours per week, excluding overtime. In Florida, the federal WARN Act standards are applied, as the state does not have additional WARN requirements.

Key terms under the WARN Act:

• Mass Layoff: A mass layoff refers to job losses that affect at least 50 employees at a single employment site and constitute at least one-third of the employer’s total workforce or at least 500 employees, regardless of percentage.
• Plant Closing: This term refers to the permanent or temporary closure of a single employment site or one or more facilities or operating units within that site, resulting in employment loss for at least 50 employees.
• Employment Loss: An employment loss includes layoffs exceeding six months, terminations (excluding discharges for cause, resignation, or retirement), or a reduction in work hours of more than 50% each month of any six-month period.

Employer and Employee Coverage

The WARN Act applies to specific employers and protects certain employees impacted by significant layoffs or closures. Below, we break down the coverage requirements for both employers and employees.

Covered Employers

The WARN Act applies to private employers meeting these criteria:

• 100 or More Full-Time Employees: Employers with at least 100 full-time employees are required to comply with WARN provisions.
• 4,000 Combined Weekly Work Hours: Employers with part-time and full-time employees whose total weekly work hours reach at least 4,000 (excluding overtime) also fall under WARN coverage.
• Private Sector Focus: This generally includes private, for-profit businesses and some non-profit organizations, excluding public or governmental entities.

Covered Employees

Employees eligible for WARN Act protection typically meet these conditions:

• Full-Time Employees: Only full-time employees are entitled to WARN Act protections, generally employees who work at least 20 hours a week and have been with the employer for at least six months.
• Affected by Layoffs or Closures: Employees facing layoffs or plant closures that meet the WARN thresholds, such as mass layoffs or employment losses due to permanent or temporary facility closures, are covered.

Exclusions

Certain employers and employees are not subject to WARN requirements:

• Governmental Employers: Federal, state, and local government agencies and entities are exempt from WARN Act requirements.
• Part-Time or Short-Term Employees: Employees working fewer than 20 hours a week or who have been with the company for less than six months are not covered under the WARN Act.

Ensuring compliance with the WARN Act is essential for covered employers. Our law firm offers detailed guidance to help businesses understand their responsibilities and employees understand their rights under WARN.

If you have any questions about the WARN Act and avoid situations that may result in legal complications, contact us today!

Trigger Events for WARN Notification

The WARN Act requires advance notice to employees and relevant government entities in specific layoff and closure scenarios. In the next section, we will go over the key events that trigger this requirement:

• Mass Layoff: If a layoff involves 50 or more employees or a third of the workforce (whichever is smaller) within a 30-day period, WARN notification is triggered. This step applies when the reduction in workforce is not tied to a complete closure of the business location but impacts a significant portion of the workforce.
• Plant Closing: A plant closing that results in a shutdown affecting 50 or more employees at a single employment site within a 30-day period also activates the WARN requirement. This closing can be either a temporary or permanent shutdown but must involve an actual cessation of work at a location.

Temporary Layoffs Extending Over Six Months

Even when initially intended as short-term, layoffs extending beyond six months fall under the WARN Act’s requirements. Employers must issue a WARN notice if they determine that a temporary layoff will exceed six months or if the initial duration is unclear and extends past this period.

Reduction in Work Hours

The WARN Act also covers situations where employees experience a reduction in work hours by 50% or more for six months or longer. In cases where substantial reductions in working hours are implemented, employers are required to notify affected employees under the Act.

In all scenarios, adherence to WARN notification requirements is vital for maintaining compliance and avoiding penalties.

Florida Layoff Notice Requirements

Under the WARN Act, employers in Florida planning a large-scale layoff or plant closure are legally required to give employees and certain government entities at least 60 days advance notice. This notice period gives employees time to seek other employment or training opportunities before their roles are eliminated.

Notice Content Requirements

The WARN notice must include specific details to comply with federal law. Failure to include any of these elements could expose the employer to penalties. The required information includes:

• Date of Layoff or Closure: The notice must specify when the layoff or plant closure will take effect.
• Contact Information for Follow-Up: Employers must provide a contact person or department for employees and local authorities to reach out to with questions.
• Statement on Whether Layoff or Closure is Temporary or Permanent: It’s essential to clarify if the job loss is a temporary layoff or a permanent termination.
• Job Titles and Number of Affected Positions: The notice should list the job titles and number of positions affected by the layoff or closure.

Non-compliance with WARN’s notice requirements can result in significant financial penalties, including back pay and benefits for each day of insufficient notice and potential liability for any costs incurred by employees due to short notice. 

Our legal team at Four Rivers Law Firm is experienced in employment law. We can help employers draft compliant WARN notices, ensuring all necessary details are included to avoid costly penalties and protect your business’s interests.

Exemptions to the Florida WARN Act

Certain situations allow employers to be exempt from providing the full 60-day notice required by the WARN Act. These exemptions are designed to offer flexibility in cases where unforeseen or uncontrollable circumstances impact a business’s ability to provide advance notice.

Unforeseeable Business Circumstances

This exemption applies when sudden business events occur that could not have been reasonably predicted. For instance, employers may qualify for this exemption if an economic downturn drastically reduces demand or disrupts operations.

However, employers must demonstrate that they had no reasonable way to anticipate these events, such as abrupt market shifts or the unexpected loss of a major contract. Even in these cases, employers are encouraged to provide as much notice as possible to affected employees.

Additional reading: How to sue a company in Florida

Natural Disasters

The WARN Act allows for an exemption in cases of natural disasters, such as hurricanes, earthquakes, or floods, if the layoff or closure results directly from the disaster. Employers must still issue a WARN notice as soon as feasible and clearly state that the natural disaster caused the layoff or closure.

The aim is to balance emergency responsiveness with transparency, allowing employers to act in urgent situations while considering their employees’ need for information.

“Faltering Company” Exception

This exemption applies to businesses actively seeking new financing or additional capital to avoid layoffs or closures. If a company is “faltering” but genuinely believes additional funding could prevent a layoff or closure, it may qualify for an exemption from the 60-day notice.

However, this exception requires that the business had a reasonable expectation of obtaining financing at the time and must provide notice as soon as it becomes clear that the funding will not be secured.

Contact Four Rivers Law Firm today to stay ahead of trends and ensure compliance with the WARN Act.

Legal Remedies and Penalties for Non-Compliance With the Florida Layoff Notice

When Florida employers fail to provide the required 60-day advance notice under the WARN Act, employees have legal rights to seek compensation, and employers may face significant penalties. The law aims to protect employees by offering a remedy for abrupt job loss and holding employers accountable for non-compliance.

Employee Rights

If an employer violates the WARN Act by failing to issue a timely layoff notice, affected employees may be entitled to recover back pay and benefits for each day of the violation, up to the 60-day notice period. 

Compensation may include regular wages, health benefits, and any accrued bonuses or commissions that the employees would have earned had they been properly notified.

This pay is meant to help employees manage their financial obligations during the abrupt transition from employment.

Employer Penalties

Employers found in violation of the WARN Act may face various penalties, including:

• Back Pay and Benefits: Employers may be required to provide back pay and benefits to affected employees for up to 60 days for each day that notice was not given.
• Civil Penalties: A fine of up to $500 per day of violation may be imposed, payable to the local government.
• Other Related Damages: In addition to back pay, employers may be liable for attorneys’ fees and interest on unpaid amounts, increasing the financial impact of non-compliance.

Encouragement for Legal Action

If you suspect that your employer has not met WARN Act requirements, consulting our experienced legal team can clarify your rights and help you pursue fair compensation. Our attorneys specialize in employee rights under the WARN Act, assisting individuals in working through this challenging time and ensuring they receive the compensation they are entitled to in cases of non-compliance.

Is There a WARN Act Statute of Limitations?

There is no statute of limitations for filing a claim under the WARN Act.

Regardless, we advise addressing the issue quickly. Our legal professionals can help prepare a strong case. 

Contact Our Employment Lawyer at Four Rivers Law Firm in Florida

If you’re facing the impact of a layoff or closure and believe your WARN Act rights may not have been fully upheld, consulting with an experienced legal team can make all the difference. 

At Four Rivers Law Firm, we specialize in employment law, and our dedicated lawyers know the specifics of the WARN Act, including your rights to advance notice and compensation based on state law. Contact us today at 813-773-5105 to schedule a free consultation. 

Reach out to us to understand your obligations and avoid potential issues that may lay the groundwork for legal complications.