The Pennsylvania Worker Adjustment and Retraining Notification (WARN) Act safeguards workers, families, and communities during workforce changes, such as plant closings and mass layoffs. Here, we provide an overview of its components and enforcement, ensuring compliance and employee rights. Read on to learn how to issue a WARN notice in Pennsylvania and everything else you need to know about the WARN Act in PA.
TABLE OF CONTENTS
- Does Pennsylvania have WARN Act?
- What is the Pennsylvania WARN Act?
- WARN notices in Pennsylvania
- What Triggers the WARN Act in Pennsylvania?
- Pennsylvania WARN Act Requirements
- How is the WARN Act Enforced in Pennsylvania?
- Offboarding your workforce during a layoff
- Offboarding solutions 🚀
Does Pennsylvania have WARN Act?
Over half of the states, including Pennsylvania, lack their own state-level WARN Act, but this doesn’t mean the workers of Pennsylvania are without protections! Federal WARN Act regulations still extend coverage to employees in Pennsylvania as the state requires employers to submit and issue WARN notices to workers, providing information on anticipated mass layoffs and plant closures, along with details on the number of affected workers.
Some states are not only regulated by the federal WARN Act, like Ohio, Georgia, North Carolina, Arizona, and Florida, but have their own requirements and regulations specified in their so-called mini-WARN Acts. These states include: California, New York, New Jersey, Illinois, and more, all of which you can read about on our blog.
What is the Pennsylvania WARN Act?
Pennsylvania’s WARN Act protects workers facing layoffs or plant closures. Employers in Pennsylvania are mandated to provide advance notice to employees when aware of impending closures or layoffs. The idea behind this is to give employees enough time to explore alternative employment options. Not that the WARN Act operates independently of the Fair Labor Standards Act (FLSA), which establishes guidelines for minimum wage, overtime, and unemployment benefits. Be careful not to confuse the FLSA with the Family and Medical Leave Act (FMLA) in Pennsylvania!
On a similar note, however, Pennsylvania holidays are determined both federally, and locally per state. Check out our federal holiday calendar for an updated and complete list.
WARN notices in Pennsylvania
WARN notices in Pennsylvania involve a 60-day advance notification requirement for employees facing layoffs or plant closures. This notification is directed to union representatives rather than individual employees if union workers are involved. While there’s no specific template for the notice, it must be in writing and include crucial information such as the site and date of closure or layoffs, reasons for the action, whether the loss is permanent or temporary, affected job titles, unions, and the number of employees, and follow-up contact information.
See previously issued WARN notices for the state of Pennsylvania here.
Who do Pennsylvania employers have to give a WARN notice?
Employers covered by the act must provide written notice to affected workers, labor unions representing these workers, the State Rapid Response Coordinator, and the chief elected official of the local government where the employment site is located. This notice should be delivered at least 60 days before the anticipated plant closing or mass layoff.
What Triggers the WARN Act in Pennsylvania?
Certain situations trigger the WARN Act in Pennsylvania. These include the following four:
1. Plant closings affecting 50 or more employees for at least 30 days.
2. Mass layoffs involving at least 500 full-time employees.
3. Mass layoffs involving at least 50 full-time employees, constituting 33% or more of the employer’s workforce.
4. Plant closings or layoffs extended over 90 days.
What is a plant closing?
When an employment site or facility is shut down, resulting in an employment loss for 50 or more employees during a 30-day period.
What are mass layoffs?
When a mass layoff occurs that does not result from a plant closing, but leads to an employment loss for 500 or more employees during a 30-day period, or for 50-499 employees if they constitute at least 33% of the employer’s active workforce.
What are extended layoffs?
When the cumulative employment losses for two or more groups of workers, each falling below the minimum threshold for notice, reach the threshold level during any 90-day period for either a plant closing or mass layoff.
Do you know the difference between layoffs, a reduction in force, and firing?
Pennsylvania WARN Act Requirements
In Pennsylvania, employers are covered by the WARN Act if they have 100 or more employees, excluding those with less than six months of service in the last 12 months or those working an average of less than 20 hours per week. The Act applies to multiple types of employers, including:
- Private, for-profit employers
- Private, nonprofit employers
- Public and quasi-public entities operating in a commercial context
Employees entitled to notice under the WARN Act include hourly and salaried workers, as well as managerial and supervisory employees. However, business partners are not entitled to notice.
The core focus of WARN Act requirements in Pennsylvania is on notification, the idea being that employees are given sufficient notice. For this reason, employers must provide advance notice before a change in employment affecting many employees.
There are also some recommendations from the state, too. The state of Pennsylvania encourages all employers to issue a WARN notice, regardless of whether they are legally required to do so by meeting the WARN Act minimum employee threshold or any of the other criteria.
How is the WARN Act Enforced in Pennsylvania?
Enforcement of the Pennsylvania WARN Act is carried out through the United States District Courts. Workers, their representatives, and units of local government have the right to bring individual or class-action suits against employers believed to be in violation of the Act. Bear in mind that the court could award reasonable attorney’s fees to the prevailing party as part of the costs.
Violations of the WARN Act, including failure to adhere to notification period requirements, may result in back pay for affected employees and penalties of up to $500 per day of violation. Employers are required to settle liabilities with aggrieved employees within three weeks of closure or layoff. Failure to comply may lead to individual or class-action lawsuits in the U.S. District Court.
If you’re still unsure about your case, consult with Pennsylvania labor lawyers to address potential violation claims and always read the official sources before making any decisions. Laws are subject to change!
Why is the Pennsylvania WARN Act important?
The Pennsylvania WARN Act can be tough to get your head around, but it’s essential for HR managers to understand it in order to implement workforce changes with compliance front of mind. This, in turn, will ensure the rights of employees are upheld during major transitions. This guide covers key aspects, providing HR teams with a foundation of knowledge about compliance and how to communicate during challenging times.
Related: Compliance calendar for HR
Offboarding your workforce during a layoff
Once you’ve followed all the required steps mandated by Pennsylvania during plant closings and mass layoffs, it’s time to begin the offboarding process at your company. Offboarding so many employees at the same time can be a time consuming and costly process, but with the right HR software, it can be easy.
How to offboard employees with HR software
Factorial simplifies the offboarding process, streamlining tasks and ensuring a smooth transition for departing employees. With Factorial, you can efficiently manage exit procedures, such as collecting company assets, updating access permissions, and conducting exit interviews. Offboarding software simplifies the entire process from start to finish.
Key Features for offboarding during layoffs:
1. Clear Communication: Easily explain departure details to the departing employee, including the last day of work, return of company property, and other essential information.
2. Task Automation: Automate offboarding tasks, such as revoking system access, updating records, and notifying relevant departments, to save time and minimize the risk of oversight.
3. Documentation and Compliance: Stay compliant by generating necessary documentation, such as termination letters and exit surveys, helping you maintain a comprehensive record of everything that takes place during offboarding.
4. Access Control: Centralize the management of who controls what, making it simple to revoke access to company systems and confidential information, safeguarding your organization’s data.
By utilizing Factorial for offboarding, HR managers can enhance efficiency, maintain compliance, and provide a positive experience for departing employees.
