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Employers laying off workers employed in Wisconsin should be aware that federal and/or state law may require that written notice be provided 60 days in advance of a dislocation event. Employers must comply with both laws if they both apply.
In general, the federal notice requirements under the Worker Adjustment and Retraining Notification (WARN) Act apply to employers with 100 or more employees. The notice requirements under Wisconsin’s Business Closing and Mass Layoff (WBCML) law apply to employers with 50 or more employees in Wisconsin.
Violation of the federal and/or state notice laws may result in employer liability. The WARN Act and WBCML law both contain provisions that allow aggrieved employees to recover up to 60 days of back pay and benefits for the period of time that notice was required but not provided. Additional monetary penalties may be assessed if the employer fails to provide timely notice to the required unit of local government.
Send the written notice to WIOATitleI@dwd.wisconsin.gov.
Office of Policy Development and Research; Division of Policy, Legislation, and Regulations
Employment and Training Administration
U.S. Department of Labor
200 Constitution Ave NW
Washington, DC 20210
Telephone: (202) 693-3079