Also introduced this session is House Bill No. 1132 which requires employers to provide advance notice of certain large layoffs or plant closings. The bill is very similar to the federal Worker Adjustment and Retraining Notification ("WARN") Act, but goes further than federal WARN in that, if passed, it would:
- cover smaller employers than are currently covered under federal WARN. The bill would cover employers with at least 50 employees in Indiana (under federal WARN, an employer must employ at least 100 employees);
- require the 60-day advance notice to be provided whenever 33% of the employees at the site of employment are affected by a layoff (under federal WARN, a "mass layoff" is defined as an employment loss affecting at least fifty employees (excluding part-time employees) and at least 33% of the employees (excluding part-time employees)). Therefore, under HB 1132, there is no 50 employee threshold -- as long as 33% of the employees sustain an employment loss, advance notice would generally be required (unless an exception applied and the exceptions are similar to those under federal WARN). Further, there is no part-time employee exclusion under HB 1132;
- require the 60-day advance notice to be provided whenever a plant closing occurs in which at least 20 employees are affected (under federal WARN, a plant closing must affect 50 or more employees (excluding part-time employees)). Again, HB 1132 does not contain a part-time employee exception; and
- an employer's failure to provide the required advance notice to a municipality or county official would constitute a Class C infraction for each day that the violation occurs, up to a maximum of 60 days.
The bill has been referred to the Committee on Labor and Employment.