New Hampshire has enacted its own version of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The New Hampshire Worker Adjustment and Retraining Notification Act (New Hampshire WARN) requires certain employers to provide at least 60 days' advance written notice of a plant closing or mass layoff. Because New Hampshire WARN is more expansive than its federal counterpart, employers in New Hampshire need to be aware of and follow the state law provisions (NH Rev. Stat. Sec. 275-F:1 et seq.).
While New Hampshire WARN tracks the federal law in many ways, there are the following very important differences:
• New Hampshire WARN provides for enforcement by the New Hampshire Department of Labor.
• Notice must be provided to more parties than under the federal law.
Legal tip. Many of New Hampshire WARN's terms and parameters are untested through administrative or court cases. Therefore, employers would be wise to contact a local employment law attorney for advice when facing a mass layoff or plant closing.
Additionally, employers must keep in mind that the requirements of the federal WARN Act also apply. State agencies assist in enforcing the requirements of the federal WARN Act. The WARN Act imposes restrictions on the way layoffs and plant closings are handled. It is designed to give employees advance notice of a layoff in order to find another job or to seek retraining in a new occupation and to give the state adequate notice to prepare to assist affected workers. A comprehensive discussion of the WARN Act is available.
New Hampshire WARN applies to any business enterprise that employs in New Hampshire:
• 100 or more full-time ...