48-4003. Notice of business closing or mass layoff; requirements; contents; delivery.

552 words·~3 min read·/ne/chapter-48/48-4003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) An employer who plans a business closing or a mass layoff shall not order such action until the end of a ninety-day period which begins after the employer serves written notice of such action to the affected employees or their representatives and to the department. However, if an applicable collective bargaining agreement designates a different notice period, the notice period in the collective bargaining agreement shall govern. The employer shall provide notice to the department if the worker is covered by a collective bargaining agreement.

(b)An employer who has previously announced and carried out a short-term mass layoff of six months or less which is extended beyond six months due to business circumstances not reasonably foreseeable at the time of the initial mass layoff is required to give notice when it becomes reasonably foreseeable that the extension is required. A mass layoff extending beyond six months from the date the mass layoff commenced for any other reason shall be treated as an employment loss from the date of commencement of the mass layoff.

(c)In the case of the sale of part or all of a business, the seller is responsible for providing notice of any business closing or mass layoff which will take place up to and on the effective date of the sale. The buyer is responsible for providing notice of any business closing or mass layoff that will take place thereafter.

(2)(a) Notice from the employer to the affected employees or their representatives and to the department shall be in written form and shall contain the following:

(i)The name and address of the employment site where the business closing or mass layoff will occur, and the name and telephone number of a company official to contact for further information;

(ii)A statement as to whether the planned action is expected to be permanent or temporary and, if the entire business is to be closed, a statement to that effect;

(iii)The expected date of the first employment loss and the anticipated schedule for employment losses;

(iv)The job titles of positions to be affected and the names of the employees currently holding the affected jobs. The notice to the department shall also include the addresses of the affected employees. The department shall maintain the confidentiality of the names and addresses of employees received by the department; and

(v)Copies of all employee handbooks, personnel policies, and employment-related policies applicable to the affected employees, or a written statement identifying the specific online location or locations where such handbooks or policies may be accessed without restriction up until the expected date of the first employment loss.

(b)The notice may include additional information useful to the employees, such as information about available dislocated worker assistance and, if the planned action is expected to be temporary, the estimated duration, if known.

(3)Any reasonable method of delivery to the affected employees or their representatives and the department which is designed to ensure receipt of notice of at least ninety days before the planned action is acceptable. In the case of notification directly to affected employees, insertion of notice into pay envelopes is a viable option. The employer must also post the notice in a conspicuous location in the languages spoken by at least five percent of the employer's workforce.