Delaware Layoff laws & HR compliance analysis

Delaware Layoff: What you need to know

Delaware has enacted its own version of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
Effective January 7, 2019, Delaware’s law requires covered employers to provide at least 60 days’ notice of mass layoffs, plant closings, and relocations. Because the state law differs from its federal counterpart, employers in Delaware need to be aware of and follow both laws.
There is additional information and a discussion of the federal WARN Act available.
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The act applies to all employers with 100 or more full-time employees or with 100 or more employees (part-time and full-time) who work at least 2,000 hours per week in the aggregate.
This 2,000–hour threshold is lower than that under federal law, so this act may apply to more employers, particularly those with significant part-time workforces.
The law does not apply to the federal or state government, any political subdivisions, school districts, or charter schools.
An employer may not order a mass layoff, plant closing, or relocation if it will cause employment loss unless the employer provides 60 days’ written notice of the order to:
• Affected employees and their representatives;
• The Delaware Department of Labor WARN Act Administrator; and
• The Delaware Workforce Development Board.
The notice must contain the elements required by the federal WARN Act. The notice must include the name, job title, home address, telephone number, and e-mail address of each planned dislocated worker. The notice must also include general information regarding any payouts, severance packages, job relocation opportunities, and retirement options that will be offered to ...

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