Section 205 of the Congressional Accountability
Act (CAA) applies certain rights and protections of the Worker Adjustment
and Retraining Notification Act (WARN) to covered employees. This
section of the CAA requires that employees must be notified of an
office closing or of a mass layoff at least sixty days in advance
of the event. The notice must be provided to either the affected
employees or to their representatives (for example, a labor union).
A covered employing office's obligation to give
notice is triggered by an office
closing or a mass layoff. An "office closing" is a
shutdown of one or more distinct units within a single site or of
the entire site, while a "mass layoff" is employment loss
regardless of whether one or more units are shut down. Employing
offices are covered by the WARN provisions of the CAA only if they
meet certain size thresholds.
Special provisions apply to the privatization
or sale of operations and to temporary
employees.
Although no particular form
of notice is required, the notice to affected employees must
be in writing, specific, and must contain each of the elements required
in regulations of the Board of the Office of Compliance. With limited
exceptions, notice must be timed to reach the required parties
at least sixty days before an office closing or a mass layoff.
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