North Dakota Layoff laws & HR compliance analysis

North Dakota Layoff: What you need to know

North Dakota agencies assist in enforcing the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
The federal WARN Act imposes restrictions on the way layoffs 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 preparation to assist the affected workers. There is comprehensive discussion of the WARN Act available.
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In addition to following the requirements of the federal WARN Act, North Dakota employers are also required to provide advance notice for mass separations of 25 or more workers under state law (ND Admin. Code 27-03-02-02).
Mass separation. “Mass separation” means the layoff of 25 or more workers in a single establishment (either permanently or for an indefinite period or for an expected duration of 7 days or more) at or about the same time and for the same reason.
Employer has advance knowledge. When the employer has advance knowledge of an expected mass separation, the employer must file notice with the public employment service office nearest the worker’s place of employment. This notice should set forth the reasons for the mass separation and provide a list of names and Social Security numbers (SSNs) of the affected workers. Notice must be filed at least 48 hours before the beginning of the mass separation.
Employer has no advance knowledge. When the employer has no advance knowledge of a mass separation, the employer must notify the nearest public employment service office within 48 hours of the beginning of the mass separation. This notice should include a list ...

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