A crucial piece of law, the Maryland Worker Adjustment and Retraining Notification (WARN) Act protects communities, families, and employees during workforce transitions, including plant closings and mass layoffs.
To ensure compliance and employee rights, this article gives an outline of its elements and enforcement. Continue reading to find out everything there is to know about the WARN Act in Maryland, including how to send a WARN notification.
What is the WARN Act of Maryland?
WARN Act protections for employees facing layoffs or factory closures are in place in Maryland. When employers in Maryland are aware of upcoming closures or layoffs, they are required to notify employees in advance. The purpose of this notification is to give workers enough time to look into other job opportunities.
It’s crucial to remember that the Fair Labor Standards Act (FLSA), which sets rules for minimum wage, overtime, and unemployment benefits, functions separately from the WARN Act. It is important to distinguish between the Family and Medical Leave Act (FMLA) in Maryland and the FLSA.
Conversely, though, state-specific and federal holidays in Maryland are different. See our federal holiday calendar for a comprehensive and up-to-date list.
Maryland’s WARN alerts
In Maryland, employees who are facing layoffs or factory closures are required to provide 60 days’ warning in advance through WARN notices. Notification goes to union leaders, not to specific employees if there are union workers involved.
The notice must be in writing and contain certain details, including the location and date of any closures or layoffs, the reason(s) behind the action, whether the loss is temporary or permanent, the number of employees, the affected job titles, the unions, and other pertinent information. There is no set template for the notice, but it must be in writing.
Is there a WARN Act in Maryland?
Maryland is among the states without a state-level WARN Act, along with more than half of the states. This does not, however, imply that Maryland’s workforce is unprotected. Regulations under the Federal WARN Act continue to cover Maryland employees. Employers are required by state law to submit and distribute WARN warnings to employees, which include information on planned mass layoffs and factory closures as well as the number of affected workers.
Ohio, Pennsylvania, Georgia, North Carolina, Arizona, and Florida are among the states that have their mini-WARN Acts that contain additional rules and regulations on top of the federal WARN Act. California, New York, New Jersey, Illinois, and other states are among them.
What Triggers the WARN Act in Maryland?
The following circumstances in Maryland activate the WARN Act:
- Plant closures that last at least 30 days and affect 50 or more personnel.
- Mass layoffs that affect 500 or more full-time workers.
- Mass layoffs affect fifty or more full-time workers, or at least thirty-three percent of the employer’s employment.
- Layoffs or plant closures that last longer than 90 days.
Warn Notice Maryland: How is Maryland Enforcing the WARN Act?
The United States District Courts are responsible for carrying out the Maryland WARN Act’s enforcement. Employees, their representatives, and local government entities possess the authority to file individual or collective lawsuits against employers thought to be in breach of the Act. As part of the expenses, the court may, in its discretion, provide the winning party with reasonable legal fees.
The WARN Act carries fines of up to $500 per day of violation, as well as back pay for impacted employees who don’t follow the notification period requirements. After a closure or layoff, employers have three weeks to resolve any outstanding debts with irate workers.
In the U.S. District Court, noncompliance may result in individual or class-action lawsuits. To handle possible violation allegations, speak with labor attorneys in Maryland. Before making any judgments, always study the official sources because laws can change.
Maryland WARN Act Requirements
Employers in Maryland that employ 100 people or more are subject to the WARN Act; this excludes workers who have worked fewer than 20 hours per week on average or who have worked less than six months in the previous 12 months. The Act covers public and quasi-public bodies functioning in a commercial setting, as well as private, nonprofit, and for-profit employers.
The WARN Act provides notice rights to hourly, salaried, management, and supervisory employees. Business partners do not, however, have a notice right.
Maryland’s WARN Act regulations primarily center on notification. Before making a change in employment that would impact a large number of employees, employers are required to give notice.
Regardless of whether they are legally obligated to do so by fulfilling the WARN Act minimum employment threshold or any other criterion, the state of Maryland urges all companies to issue a WARN notification.
Warn Notice Maryland: How WARN Act Benefits Employees
Although prior notice is helpful, particularly in regions where major factories dominate the local economy, the WARN Act also aims to assist employees in finding other employment or upgrading their skills to pursue other career options.
The DOL accomplishes this through what they refer to as the State Rapid Response Dislocated Worker Unit, which offers affected workers on-site information and strategies to improve their skill sets, including:
- Information on the labor market
- Help with job placement and search
- On-the-job instruction
- Instruction in the classroom Entrepreneurship training
- both foundational and remedial instruction
Put another way, while not going as far as private outplacement companies, the unit offers some sort of outplacement service to departing employees.
FAQs on Warn Notice Maryland:
Here are some more frequently asked questions concerning the WARN Act and its regulations, in case you still have questions:
Do Hospitals Fall Under the WARN Act’s Purview?
That varies. No, if the local government owns your hospital. If not, the WARN Act requirements will apply to your hospital.
Are Academic Institutions Subject to the WARN Act?
Definitely, most likely. Like most public universities, private colleges will undoubtedly need to abide by the WARN Act. To avoid complicating WARN notice compliance, you assess your particular public institution with legal counsel and ascertain whether your school board operates as a governmental entity.
Do I Need to Give Notice to Employees Who Are on Leave?
Indeed. You must issue a WARN notice to any employees who anticipate returning to work for your company after their absence has ended. This could apply to circumstances like a sabbatical, maternity or paternity leave, etc.
In Summary of Warn Notice Maryland:
HR professionals must have a thorough understanding of the WARN Act and all applicable federal and state regulations, particularly when employed by bigger companies with more than 100 full-time employees.
The WARN Act was essentially designed to make sure that workers are informed when there are major layoffs and are given enough time to locate other employment or advance their skills.
The WARN Act assists departing employees, but it does not take the place of an outplacement service. Offering outplacement services to employees after a reduction or layoff is a terrific idea because it enables them to find new jobs more quickly and acquire the skills they’ll need to thrive in the future.
