Take steps to ensure WARN Act compliance in the age of remote work

As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts. State WARN acts are sometimes called “mini-WARN” laws. Generally, WARN laws require a covered employer to provide substantial notice (60 days for the federal statute) to employees, certain government units, and any bargaining representatives that it anticipates a plant/business closure, mass layoff, or substantial reduction in force.

Because WARN acts were mostly established long before remote work was commonplace, employers may struggle to determine how these laws apply in such a different place and time. Here are some unique considerations in applying the federal WARN requirements to a potentially triggering event involving a remote workforce.

Key points