Additional notice is required when the date or schedule of dates of
a planned plant closing or mass layoff is extended beyond the date or
the ending date of any 14-day period announced in the original notice as
follows:
(a) If the postponement is for less than 60 days, the additional
notice should be given as soon as possible to the parties identified in
Sec. 639.6 and should include reference to the earlier notice, the date
(or 14-day period) to which the planned action is postponed, and the
reasons for the postponement. The notice should be given in a manner
which will provide the information to all affected employees.
(b) If the postponement is for 60 days or more, the additional
notice should be treated as new notice subject to the provisions of
Secs. 639.5, 639.6 and 639.7 of this part. Rolling notice, in the sense
of routine periodic notice, given whether or not a plant closing or mass
layoff is impending, and with the intent to evade the purpose of the Act
rather than give specific notice as required by WARN, is not acceptable.
