WARN Act: A Must-Know for South Florida Businesses

As a human resource executive in South Florida, you're well-versed in the intricacies of labor laws and employee relations. But have you given enough attention to the Worker Adjustment and Retraining Notification (WARN) Act? This federal law can significantly impact your business, especially when facing potential layoffs or closures.

What is the WARN Act, and why does it matter?

The WARN Act requires employers with 100 or more employees to provide at least 60 days' notice before a plant closing or mass layoff. This gives affected employees time to plan, find new jobs, or seek retraining. While it might seem like a straightforward requirement, understanding the nuances of the WARN Act is crucial to avoid costly penalties and ensure compliance

Why is it so important for South Florida businesses?

South Florida's dynamic business landscape often involves rapid growth and expansion. However, economic fluctuations can necessitate workforce adjustments. The WARN Act serves as a safeguard for both employees and employers. By providing timely notice, businesses can mitigate the negative impact of layoffs on employees and their communities while also avoiding legal repercussions.

When does the WARN Act apply?

The WARN Act applies to businesses with 100 or more employees. This includes full-time, part-time, and temporary workers. It also applies to businesses that have a plant closing or mass layoff. A plant closing is when a business shuts down a whole location, while a mass layoff is when a business lays off a large number of employees at once.

What do you need to do to comply with the WARN Act?

If you need to lay off employees or close a location, you need to give them at least 60 days' notice. This notice should be in writing and should include the reason for the layoff or closing, the date it will happen, the number of employees affected, and the job titles of those employees. Download our WARN Notice Template.

You also need to give notice to the state and local government. This is so they can help affected employees find new jobs or get retraining.

Who needs to be notified in South Florida?

Under the WARN Act, when conducting mass layoffs or closures in South Florida, employers are required to notify specific government officials. These include:

• Florida State Rapid Response Coordinator: This office oversees the state's response to large layoffs and coordinates workforce assistance programs.

• Chief Elected Local Official (CEO): This is typically the mayor or county commissioner for the area where the layoff or closure occurs. For South Florida, depending on the county, this could be:

  • Mayor of Miami-Dade County: Currently Daniella Levine Cava

  • Mayor of Broward County: Currently Beam Furr

  • Mayor of Palm Beach County: Currently Maria G. Marino

• Local Workforce Development Board (LWDB): For the region, notify:

  • CareerSource South Florida (Miami-Dade and Monroe Counties)

  • CareerSource Broward (Broward County)

  • CareerSource Palm Beach County (Palm Beach County)

These officials must be notified in compliance with the WARN Act to ensure proper communication and coordination during layoffs or closures. Download our easy-reference contact list: click here.

What happens if you don't comply with the WARN Act?

If you don't comply with the WARN Act, you could face serious penalties. These penalties can include back pay for affected employees, fines, and even legal action.

So, what should South Florida businesses do?

To avoid penalties and protect your employees, it's important to understand the WARN Act and be prepared to comply with it. Here are a few tips:

• Review your employee handbook: Make sure your employee handbook includes information about the WARN Act.

• Develop a plan: If you think you might need to lay off employees or close a location, develop a plan for how you will comply with the WARN Act.

• Seek legal advice: If you have any questions about the WARN Act, it's a good idea to consult with an attorney.

Facing the Uncertainty of Layoffs?

Navigating the layoff process can be overwhelming and mishandling it could put your company at serious risk. We provide expert guidance and assistance during corporate restructures, downsizing, mergers, acquisitions, and liquidations, ensuring your employees are effectively and compliantly transitioned. Don’t wait until costly mistakes are made—secure your company’s future now by booking a consultation. Please note, we are not lawyers and cannot provide legal counsel. Take action today before it’s too late to protect your workforce and business.