Are there penalties to the employer for violating the WARN advance notice requirement?
Yes. An employer that violates the WARN Act notice requirement is liable to each affected employee for an amount equal to back pay and benefits for the period of violation up to 60 days. The courts are split on how to measure the amount of back pay available to workers. The majority of courts hold that back pay is measured by the number of work days in the violation period. There are some courts, however, that hold that back pay is measured by the number of calendar days in the violation period. Workers or a union may bring suit in federal court to enforce their rights under WARN. The Department of Labor has no enforcement authority under WARN and does not investigate complaints or bring suits to enforce WARN. An employer that fails to provide notice as required to a unit of local government is subject to a civil penalty not to exceed $500 for each day of violation. This penalty may be avoided if the employer satisfies the liability to each affected employee within three weeks after th
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