Exemptions under WARN

Some employers may be exempt under WARN for plant closing. An employer does not need to give notice if a plant closing is the closing of a temporary facility, or if the closing or mass layoff is the result of the completion of a particular project or undertaking. This exemption applies only if the workers were hired with the understanding that their employment was limited to the duration of the facility, project or undertaking. An employer cannot label an ongoing project "temporary" in order to evade its obligations under WARN. An employer also does not need to provide notice to strikers or to workers who are part of the bargaining units which are involved in the labor negotiations that led to a lockout when the strike or lockout is equivalent to a plant closing or mass layoff. Non-striking employees who experience an employment loss as a direct or indirect result of a strike and workers who are not part of the bargaining units which are involved in the labor negotiations that led to a lockout are however still entitled to notice. Also, an employer does not need to give notice when permanently replacing a person who is an "economic striker" as defined under the National Labor Relations Act.