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!