Further Information on the WARN Act
Penalties/Sanctions
An employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days. This may be reduced by the period of any notice that was given, and any voluntary payments that the employer made to the employee.
An employer who fails to provide the required notice to the unit of local government is subject to a civil penalty not to exceed $500 for each day of violation. The employer may avoid this penalty by satisfying the liability to each employee within three weeks after the closing or layoff.
Enforcement
Enforcement of WARN requirements is through the United States district courts. Workers, representatives of employees and units of local government may bring individual or class action suits. In any suit, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.
Additional Information
Specific requirements of the WARN Act may be found in the Act itself, Public Law 100-379 (29U.S.C.2101, et seq.). The U.S. Department of Labor [link] published final regulations on April 20, 1989 in the Federal Register (Vol. 54, No. 75). The regulations appear at 20 CFR Part 639.
The U.S. Department of Labor has issued guides to provide workers and employers with an overview of their rights and responsibilities under the provisions of the WARN Act.
For further information, visit the U.S. Department of Labor Web site or contact Ms. Ceola Coles at (202) 693-3519.
The South Carolina Department of Commerce, since it has no administrative or enforcement responsibility under WARN, cannot provide specific advice or guidance with respect to individual situations.