Q. Our company may be closing a small facility in which 25 regular employees and 50 additional temporary employees work. Do we include the temporary employees when we decide whether we must give a WARN Act plant-closing notice?
A. The WARN Act requires an employer to give notice of a plant closing or mass layoff to affected employees or their union representative, a designated state agency and a designated local government official. Temporary employees are included in the count because the law covers all plant closings that affect 50 or more employees.
However, only regular employees need to get the actual 60 days’ notice required by law. Part-time employees who average fewer than 20 hours per week are not counted nor do they require notification.