CHAPTER
Lab 1700 NEW HAMPSHIRE WORKER ADJUSTMENT AND RETRAINING
NOTIFICATION
(WARN) ACT
Statutory
Authority: RSA 275-F: 7 and RSA 541-A: 16, I (b)(2)
PART
Lab 1701
PURPOSE
Lab 1701.01
Purpose. The purpose of
these rules are to define terms contained in RSA 275-F, to describe the notice
required to be provided by RSA 275-F:3, and to notify employers how to inform required
parties of any exceptions under the statute.
Source.
#13189, eff 4-20-21
PART
Lab 1702
DEFINITIONS
Lab 1702.01 “Days” means calendar days, unless otherwise
specified.
Source. #13189, eff 4-20-21
PART
Lab 1703
RULES FOR PROVIDING NOTICE OF A MASS LAYOFF OR PLANT CLOSURE
Lab 1703.01
Required Notice. Any
employer who is anticipating carrying out a plant closing or mass layoff shall give notice to affected employees or their
representative(s). The employer shall
determine the most appropriate person within the employer’s organization to
prepare and deliver the notice pursuant to Lab 1703.03.
Source. #13189, eff 4-20-21
Lab 1703.02 Notice Timing. Unless RSA 275-F:4 and Lab 1704.01 apply, notice
shall be given at least 60 days prior to any planned plant closing or mass
layoff, and the information in the notice shall be based on the best
information available to the employer at the time the notice is issued.
Source. #13189, eff 4-20-21
Lab 1703.03 Notification Requirements
(a)
The employer’s written statement as
described in Lab 1703.03 (b) shall be mailed via First Class US Mail to:
(1)
Affected employees and representatives
of affective employees;
(2)
The commissioner;
(3)
The New Hampshire attorney general; and
(4)
The chief elected official of each
municipality in New Hampshire within which the plant closing or mass layoff
occurs.
(b)
The written notice shall include the
following information:
(1)
The name and address of the employment
site where the plant closing or mass layoff will occur;
(2)
A name and telephone number of a company
official to contact for further information;
(3)
A statement whether or not the planned
action is expected to be permanent or temporary;
(4)
A statement whether or not the entire
plant is to be closed; and
(5)
The expected date of the first
separation and the anticipated schedule for making separations.
(c)
The notice may also include additional
information useful to the employees such as information on available dislocated
worker assistance, and, if the planned action is expected to be temporary, the
estimate duration, if known.
Source. #13189, eff 4-20-21
PART
Lab 1704 EXCEPTIONS TO REQUIRED NOTIFICATION
1704.01 Reporting Basis for Reducing Notification Period.
If an employer relies on an exception to
the notice requirements of reporting a mass layoff or plant closure pursuant to
RSA 275-F:4, II, the employer’s notice shall include all of the required elements
as outlined in Lab 1703.03 (a) and Lab 1703.03 (b) and shall also include a
detailed statement as to why the employer was exempt from providing a 60-day
notification.
Source. #13189, eff 4-20-21
Appendix
Rule |
Specific State or Federal
Statutes which the Rule Implements |
Lab
1701 |
RSA
275-F:1 |
Lab
1702 |
RSA
275-F:2 |
Lab
1703 |
RSA
275-F:3 and 29 U.S.C 2101 et seq. |
Lab
1704 |
RSA
2875-F:4 |