Worker Adjustment and Retraining Notification Act - Penalty For Violating The WARN Act

Penalty For Violating The WARN Act

An employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days. The liability may be reduced by the period of any notice that was given and any voluntary payments that the employer made to the employee, sometimes referred to as "pay in lieu of notice."

U.S. district courts enforce WARN requirements. Workers, representatives of employees, and units of local government may bring individual or class action suits. The Court may allow reasonable attorney's fees as part of any final judgment.

The U.S. Department of Labor (DOL) is responsible to educate and inform employers and employees about WARN, and to provide assistance in understanding the regulations, but is not responsible for enforcing WARN.

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