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months, or a definite reduction in individual employee work hours. There are several detailed exemptions.96
Department of Labor rules interpreting WARN require notices to be provided to state dislocated worker units, local government and affected employees at least 60 calendar days in advance, and be written in a language understandable to employees. Additionally, the notices to non-union employees must contain a statement: (1) as to whether the action is permanent or temporary; (2) whether the entire plant will be closed; (3) the expected date when the action will begin; (4) when the individual employee will be separated; (5) an indication of whether job-bumping rights exist; and (6) the name and telephone number of company official who may be contacted for further information. Notices to union employees must include: (1) name and address of the employment site where the action will occur; (2) a statement as to whether the action is permanent or temporary; (3) whether the entire plant will be closed; (4) the name and telephone number of company official who may be contacted for further information; (5) the job titles and names of affected employees; (6) the expected date of the first separation; (7) the anticipated schedule for making separations.
A reduced notification period may be allowed if one of the following three circumstances exist: (1) the employer was actively seeking capital or business which if obtained would have enabled the employer to avoid or postpone the shutdown and the employer reasonably and in good faith believed that giving the notice wold have precluded the employer from obtaining the
96 The sale of a business to an employer who agrees to hire all affected employees, an employer who relocates its business within a reasonable commuting distance, a plant closing resulting from completion of a temporary project, or a closing stemming from a strike or lockout are all circumstances which may render an employer exempt from compliance of WARN. If the closing or layoff is the result of the relocation or consolidation of all or part of the employer's business and prior to the closing of layoff the employer: (1) offers to transfer the employee to a different site of the employment within a reasonable commuting distance with no more than a six-month break in employment; or (2) offers to transfer the employee to any other site of employment regardless of the distance with
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