EMPLOYMENT SERVICES

Rapid Response Services

Rapid Response activities encompass the activities necessary to plan and deliver services to enable dislocated workers to transition to new employment as quickly as possible and to relieve the burden of the closing following either a permanent closure or mass layoff, or natural or other disaster resulting in a mass job dislocation.

There are three elements in effective assistance to Dislocated Workers:

I. Early Intervention

II. Cooperation among and participation by companies, workers and public agencies

III. Good programs offering a full range of options to meet differing needs under different conditions

Worker Adjustment and Retraining Notification (WARN)

WARN offers protection to workers, their families and communities by requiring Employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. The notice must be provided to either affected workers or their representatives, the State Dislocated Worker Unit, and the appropriate unit of the Local Government.

In general, employers are covered by WARN if they have 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work, an average of less than 20 hours per week. Employees entitled to a notice under WARN include, hourly and salaried workers, as well as managerial and supervisory employees. Business partners are not entitled to a notice. Regular Federal, State and Local Government entities which provide public services are not covered.

Notifications

An employer must give written notice to the chief elected officer of the exclusive representative or bargaining agent of affected employees and to unrepresented individual workers who may reasonably be expected to experience an employment loss. The employer must also provide notice to the State dislocated worker unit and to the chief elected official of local government in which the employment site is located. With three exceptions, notice must be timed to reach the required parties at least 60 days before closing or layoff.

Exceptions

An employer does not need to give notice if a plant closing is the closing of a temporary facility, or if the closing or mass layoff is a result of the completion of a particular project or undertaking. This exemption applies only if the workers were hired with the understanding that their employment was limited to the duration of the facility, project or undertaking. An employer cannot label an ongoing project temporary in order to evade its obligations under WARN.

An employer does not need to provide notice to strikers or to workers who are part of the bargaining unit which are involved in the labor negotiations that led to a lockout when the strike or lockout is equivalent to a plant closing or mass layoff. Notices will still need to be given to non-striking employees.

An employer does not need to give notice when permanently replacing a person who is an economic striker as defined under the National Labor Relations Act.

For more information, please contact David Metzger, Rapid Response coordinator at 307-777-5467.

Email the link for this page Recommend this page to a friend.    Bookmark and Share