Tips for small, private companies conducting layoffs

Q         We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations in the event we decide to conduct a temporary layoff in the near future?

A    Maybe. The WARN Act applies to private employers with 100 or more employees, excluding employees who have worked less than six months or those who work an average of less than 20 hours per week. If you employed 100 or more employees within the 90-day period prior to the temporary layoff, however, you may be subject to the federal WARN Act notice requirements. Additionally, some states have “Mini-WARN Act” laws that have additional requirements for advance notice to employees. Texas is not one of those states.

Jacob M. Monty is a partner with Monty & Ramirez LLP in Houston. You can reach him at jmonty@montyramirezlaw.com.