Thread regarding CDK Global Inc. layoffs

CDK in Violation of Federal Labor Law?? - WARN Act Requires Employers to Give 60 Days Notice

Can anyone verify if CDK is in violation of the Worker Adjustment and Retraining Notification (WARN) Act?

The WARN Act Requires Employers to Give 60 Days Notice. Under the additional WARN Act requirements, the WARN Act requires employers to give notice of any mass layoff, that does not result from a plant closing but will result in an employment loss of 500 or more employees during any 30-day period. The Act also covers employment loss for 50-499 employees if they make up at least 33 percent of the employer's active workforce.

Penalties for Violating the WARN Act:

Under WARN Act provisions, an employer who orders a plant closing or mass layoff without providing this notice is liable to each unnotified employee for back pay and benefits for up to 60 days during which the employer is in violation of the WARN Act. (The employer's liability may be reduced by the amount of any wages or unconditional payments paid to the employee during the violation time period.)

The employer who fails to provide this notice to the implicated local government is charged a civil penalty of up to $500 for each day the employer violates notification requirements. Employers can avoid this penalty if the employer pays each affected employee within 3 weeks after the plant closing or layoff.

Thanks to any who can help with more information!

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Post ID: @U9xT7J0

6 replies (most recent on top)

India does not have a WARN

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Post ID: @U9xT7J0-2orz

WARN act applied in USA for 6 weeks but in india it doesn't work out

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Post ID: @U9xT7J0-2fcd

Nope - did not violate WARN.

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Post ID: @U9xT7J0-1pgo

No notice to me. Over 20 years of service for me. Looks like this Reduction In Force was based on Salary only. BTW, if you agree to the 26 week comp package, you agree to give up all rights under any Federal or State laws to sue.

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Post ID: @U9xT7J0-ukx

also @K64NZWc

What happened to the WARN Act?

I've seen people dismissed on the same day or the day after. What happened to the WARN Act, where if the company is laying off more than 500 people they have to give each employee 60 days notice? I've heard estimates of around 800 employees, so isn't Visa supposed to give employees they lay off 60 days notice?

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Post ID: @U9xT7J0-mxs

On the 60 Days Notice Question

Here is a collection of previous posts on this topic:

WARN requires 60 notice or 60 days pay in lieu of notice

Post Link: @CY1FLuD-2RUr

I am receiving the 60 days pay plus health insurance in lieu of notice.

Post Link: @BMpdmxF-41pU

If the company designates that severance benefits are made in lieu of WARN notice, then unemployment benefits may be delayed for up to 60 days.

Post Link: @EvjOYJr-sXo

File today. If you sign an agreement that severance was paid in lieu of notice, then benefits may be delayed 60 days. The April agreement did not say that severance was in lieu of notice and people collected beginning the first full week they were unemployed.

Post Link: @EvjOYJr-hJr

By law they're required to give employees 60 day notice of layoffs. By paying us 8 weeks, they get around this law. It's called pay in lieu of notice. It's not them being compassionate, it's just them avoided lawsuits.

Post Link: @DHPvAuK-Amt

They can give you a 60 day severance payment in lieu of the notice. That's why people get 8 week severance, in that case they do not want to file anything.

Post Link: @EgNNESF-5mk

60 day notice - Will there be a 60 day notice for laid off employees? Will the employee be paid for those 60 days in addition to the severance?

Post Link: @FxAOzPj

#WARN #SixtyDays #SixtyDaysNotice

2 years ago by Anonymous | Post ID: @K64NZWc-kay

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Post ID: @U9xT7J0-lzu

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