Brownfield Business Development Strategy #1: Early WARNing for Plant Closures

Strategy #1 - Knowing that a plant is closing, a strategically placed service call to the environmental officer can lead to a discussion of how the company plans to sell the plant. Knowing that the best brownfield is the one that was recently closed (not left idle for years), a savvy business development director for an environmental consulting firm could work to get State and Federal Liability Protection provisions in place for the company.

Under the Federal Worker Adjustment and Retraining Notification Act (WARN), an employer must give notice if an employment site (or one or more facilities or operating units within an employment site) will be shut down, and the shutdown will result in an employment loss (as defined later) for 50 or more employees during any 30-day period. This does not count employees who have worked less than 6 months in the last 12 months or employees who work an average of less than 20 hours a week for that employer. These latter groups, however, are entitled to notice (discussed later).

Mass Layoff: A covered employer must give notice if there is to be a mass layoff which does not result from a plant closing, but which will result in an employment loss at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33% of the employer's active workforce. Again, this does not count employees who have worked less than 6 months in the last 12 months or employees who work an average of less than 20 hours a week for that employer. These latter groups, however, are entitled to notice (discussed later).

The notice goes to the State Department of Employment Security. For the Southeastern States, WARN Notices can be found at the following links:

MS - http://bit.ly/58F4rC

AL - http://www.adeca.alabama.gov/wdd/Default.asp

FL - http://www.floridajobs.org/react/warn.asp?year=2009

TN - http://www.state.tn.us/labor-wfd/et_dw_services.html

LA - http://www.laworks.net/WorkforceDev/WFD_warnfacts.asp