PHR · Question #117
Your organization has 80 full-time employees. Management has recently informed you that they have sold their business and they'll be releasing all employees in the organization. Based on the Worker Ad
The correct answer is C. Zero days. The WARN Act of 1988 only applies to employers with 100 or more full-time employees; with only 80 employees, this organization is below the statutory threshold and owes no advance written notice.
Question
Your organization has 80 full-time employees. Management has recently informed you that they have sold their business and they'll be releasing all employees in the organization. Based on the Worker Adjustment and Retraining Notification Act of 1988, how many days must management give in writing to the employees of this organization before the mass layoff?
Options
- A60 days
- B120 days
- CZero days
- D30 days
How the community answered
(48 responses)- A17% (8)
- B8% (4)
- C71% (34)
- D4% (2)
Why each option
The WARN Act of 1988 only applies to employers with 100 or more full-time employees; with only 80 employees, this organization is below the statutory threshold and owes no advance written notice.
60 days is the correct WARN Act notice period, but only for employers that meet the 100-employee threshold, which this organization does not.
120 days is not a notice period specified anywhere in the WARN Act or its regulations.
The WARN Act mandates 60 days written notice only when an employer meets the 100 full-time employee minimum. Because this organization has only 80 employees, it falls below that threshold entirely and is legally exempt from the Act's notice requirements. Therefore zero days of written notice is required.
30 days is not a period recognized by the WARN Act; the only statutory period the Act specifies for covered employers is 60 days.
Concept tested: WARN Act employee threshold for coverage
Source: https://www.dol.gov/agencies/eta/layoffs/warn
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