Employer Responsibilities for Employee Separations

Under state and federal law, North Dakota employers are required to issue a notice to Job Service North Dakota in the case of employment separation due to layoffs or other labor disputes. Both federal and state laws allow Job Service to better assist affected workers during their transition between jobs.

Federal WARN Act

Federal law mandates that employers must submit a notice under The Worker Adjustment and Retraining Notification (WARN) Act.

In general terms, federal law states that businesses who employ 100 or more full-time workers must issue a 60 day notice under the following circumstances: there is employment loss at the single site of employment during any 30 day period for at least 50 employees, or 33 percent of the active employees (excluding part-time employees).

For detailed information, employers are instructed to read the Employer’s Guide to Advance Notice of Closings and Layoffs. Job Service does not provide advice on interpretation of this law. Employers who are seeking advice must consult their legal departments.

North Dakota Administrative Code

In addition to the federal WARN Act, North Dakota employers are also required to follow state law on employment separations.

A separate North Dakota law under the North Dakota Administrative Code, independent of the WARN Act, mandates that employers are to submit an advance notice for mass separations to Job Service. Under this law, a mass separation is defined as the layoff of 25 or more workers in a single establishment permanently, for an indefinite period, or for an expected duration of seven days or more. These notices should be filed 48 hours prior to the date of mass separation.

Please read the official North Dakota Administrative Code, Chapter 27-03-02 Separation Information, for further state guidelines on separations.

Questions

Please contact Elaine Wentz for questions about issuing a notice.
Phone: (701) 328-3066
Email: ewentz@nd.gov