The Illinois WARN Law differs from the Federal WARN Act. Illinois WARN requirement differences are as followed:
Applies to employers with 75 or more full-time workers.
Definition of “Mass Layoff” triggering notice requirements:
25 or more full-time employees are laid off, and they constitute one-third or more of the full-time employees at the site, or
250 or more full-time employees are laid off at a single site.
Definition of “Plant Closure” triggering notice requirements:
Another important difference is in the enforcement of the Act. Under federal WARN, neither the federal government nor the state may initiate actions for alleged non-compliance. Only employees and local government officials may initiate action in federal court.
The Illinois WARN Law maintains that the Director of the Illinois Department of Labor is to make rules with “provisions that allow the parties access to administrative hearings for any actions of the Department under the Act.” Furthermore, in “any investigation or proceeding under this Act,” the Director has authority to “examine the books and records of an employer” in order to determine whether a violation of this Act has occurred.”
Illinois Worker Adjustment and Retraining Notification (WARN) Act.