On August 15, 2004, Illinois Governor Rod Blagojevich approved passage of the Illinois Worker Adjustment and Retraining Notification Act (“Illinois WARN”). The Act became effective January 1, 2005. The Illinois WARN Act requires employers to give 60 days notice to employees and their unions, the Illinois Department of Commerce & Economic Opportunity’s Bureau of Workforce Development and the Illinois Department of Labor, of a plant closing or mass layoff.
The Illinois law is very similar to the Federal WARN act. However, there are some important differences between the two laws:
Federal WARN - Applies to employers with 100 or more full-time workers
Definition of “Mass Layoff” triggering notice requirements:
- 50 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or
- 500 or more full-time employees
Illinois WARN - Applies to employer with 75 or more full-time workers
Definition of “Mass Layoff” triggering notice requirements:
- 25 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or
- 250 or more full-time employees
Another important difference is in the enforcement of the Act. Under federal WARN, neither the Federal nor the State may initiate actions for alleged non-compliance. Only employees and local government officials may initiate action in federal court.
On the other hand, 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 this 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.”
Exceptions to the notice requirements are permitted for unforeseen circumstances such as, for example, a strike or lockout, or physical calamities at the site.
Notice Must Be Provided To Illinois’ Dislocated Worker Division:
Becky Harmon, Assistant Deputy Director
Bureau of Workforce Development
ATTENTION: John Ray
Illinois Department of Commerce & Economic Opportunity
620 East Adams Street, 5th Floor
Springfield, IL 62701
What the notice must contain:
- The name and address of the employment site(s) where the plant closing or mass layoff will occur;
- Whether the planned action is expected to be permanent or temporary and if the entire plant is to be closed, a statement to that effect;
- The expected date of the first separation, and the anticipated schedule for making separations;
- The job titles of positions to be affected, and the number of affected employees in each job classification; (for multiple sites, list per site)
- A statement as to the existence of any applicable bumping rights;
- The name of each union representing affected employees, and the name and address of the chief elected officer of each union, if none please state; and,
- The name and telephone number of a company official to contact for further information.
(Please include the employer's federal identification number, or FEIN, for the dislocating company on WARN correspondence)
Illinois WARN Complaints
To file a complaint regarding the Illinois WARN act please contact:
Michael Kleinik, Division Manager
Conciliation & Mediation
Illinois Department of Labor
(217) 782-1710
WARN Complaint Form
The Business Economic Support Act
In the State of Illinois, Public Act 87-130 Section 15 requires that any business or industry required to provide notice under WARN and receiving State or local economic development incentives for doing or continuing to do business in this State, in addition to the notice required under WARN, shall also provide at the same time a copy of that notice to the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Mayor of each municipality where the private entity has locations in this state. Download BESA