Montana Layoff laws & HR compliance analysis

Montana Layoff: What you need to know

Montana follows the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
The WARN Act imposes restrictions on the way terminations due to large group layoffs and/or 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 time to make adequate preparations for providing assistance to affected workers. There is additional information and a comprehensive discussion of the WARN Act.
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In addition to federal regulations, state employers that close or lay off workers at a governmental facility must immediately notify the employees, the affected employee organizations, the affected local governments, and a newspaper of general circulation in the county where the governmental facility is located (MT Code Sec. 39-2-1001 et seq.
). Governmental facilities include institutions, departments, agencies, bureaus, or offices operated by the state that employ more than 25 persons. State employers must also provide the employees, the affected organizations, and the affected local governments with a written impact statement within 90 days of making a decision to close or retrench (reducing the number of employees by at least 250 over a 2-year period). The notice must include:
• The number of employees affected;
• The amount of the affected employees' payroll;
• The potential tax losses to local governments and school districts;
• The effect on other businesses; and
• The reason for the closure or retrenchment.
Montana has implemented its version of the federal Workforce Investment ...

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