Minnesota’s Mini-WARN Act

Minnesota has a law similar to the federal Worker’s Adjustment and Retraining Notification (WARN) Act.  The law encourages Minnesota businesses “considering a decision to effect a plant closing, substantial layoff, or relocation of operations . . . to give notice of that decision as early as possible to” the following:

  • The Minnesota Commissioner of Employment and Economic Development;
  • The employees of the affected establishment;
  • Any employee organization representing the employees; and
  • The local government unit in which the affected establishment is located.

See Minn. Stat. § 116L.976.  This notice is in addition to any notice required under the federal WARN Act.

In addition, the law requires that any employer who provides notice of a plant closing, substantial layoff, or relocation of operations under the federal WARN Act or under Minnesota’s mini-WARN Act must report to the Minnesota Commissioner of Employment and Economic Development “the names, addresses, and occupations of the employees who will be or have been terminated.”

For purposes of the Minnesota mini-WARN Act, the term “plant closing” is defined to mean “the announced or actual permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding employees who work less than 20 hours per week.”

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on October 17, 2011, in Mass Layoffs and Plant Closings and tagged . Bookmark the permalink. Leave a comment.

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