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Florida WARN Act Summary
Florida’s WARN ACT, also referred to as the Warning Adjustment and Retraining Notification Act, offers worker layoff protection. Employers must provide advance notice to Florida employees if they know of a closing or layoff.
This notice gives employees ample time to make other employment arrangements. The WARN act in Florida is separate from the Fair Labor Standards Act (FLSA), which sets minimum wage, overtime rules, and unemployment benefits. Florida employment lawyers can help you apply both acts to your specific situation.
WARN Notices
WARN Notices by state will vary. Florida requires employers to provide at least 60 days of advance notice to the closing or layoff employee. If you hire union workers, notify the union representatives instead of individual notices.
There is not a boilerplate form and content of notice. However, you must make it in writing. Employer coverage and information should include:
- Site and date of closing or mass layoffs
- Reason for closing or mass layoff
- If the loss is permanent or temporary
- Job titles, unions, and number of employees affected
- Follow-up contact information
Here is an article about WARN Notices Procedures and Instructions.
What Triggers the WARN Act?
WARN Notices do not cover every type of layoff. There are a few situations that will trigger the WARN Act, including:
- Plant closings where 50 employees or more lose work for at least 30 days
- Mass layoffs for at least 500 full-time employees
- Mass layoffs for at least 50 full-time employees making up 33% or more of the employer’s workforce
- Plant closings or layoffs rolled out over 90 days
WARN Act Requirements
WARN Act requires primarily focus on notification. Florida employers must provide notice to bargaining agencies, union representatives, and unrepresented individuals. If you can’t identify displaced employees due to bumping procedures, incumbent workers should also receive notice in advance.
Employees working less than 6 months for less than 20 hours per week must receive notice, even if they weren’t counted during trigger determinations. You should also send notice to the State Response Coordinator.
WARN Act Enforcement
Florida’s Division of Workforce Services oversees WARN Act enforcement. WARN Act violations, including the notification period requirements, entitle an employee to back pay as well as a penalty of up to $500 per day of violation.
Employers must settle liabilities by aggrieved employees within 3 weeks of closing or layoff. Otherwise, you can face individual or class-action lawsuits in the U.S. District Court. Speak with Florida labor lawyers if you need to handle a violation claim.
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