19 Del. Admin. Code § 1103-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1103-3.0 - Provision and Contents of Notice

3.1 Determining Whether and When Notice Is Required

3.1.1 In determining whether notice is required, the employer shall look ahead 30 days and behind 30 days from the date of an employment loss to determine whether any employment actions both taken and planned will, in the aggregate for any 30-day period, reach the minimum numbers to trigger the notice requirement.

3.1.2 For purpose of this section, the term "date" refers to a specific date or to the first day of a 14-day period during which a planned employment loss is expected to occur.

3.1.2.1 If employment losses are planned according to a schedule, the schedule shall indicate the specific employment-loss date or the first day of each 14-day period during which any employment losses are expected to occur.

3.1.2.2 Where a 14-day period is used, notice must be given at least 60 days in advance of the first day of the period.

3.1.3 In the case of the sale of part or all of a business, the employer (seller or buyer) who orders the mass layoff, plant closing, or relocation is responsible for giving the notice. Thus, if the employment loss will occur less than 60 days after the sale closes, the buyer may be responsible for ensuring proper notice is timely given, even though the sale has not yet been completed by the time notice is required.

3.1.4 Employers are encouraged to voluntarily provide notice of employment losses and relocations to employees, the Delaware Department of Labor, and the Delaware Workforce Development Board even if such notice is not required under the State WARN Act. The fact that an employer gives voluntary notice does not relieve the employer of its obligations under the State WARN Act should it become applicable. A voluntary notice that does not meet all the requirements of the State WARN Act and these regulations cannot substitute for notices required under them.

3.1.5 Notice may be given conditionally upon the occurrence or non-occurrence of an event only when the event is definite and the consequences of its occurrence or non-occurrence will necessarily, in the normal course of business, lead to a plant closing, mass layoff, or relocation that will cause an employment loss. For example, if the non-renewal of a major contract will lead to the closing of a plant that produces the articles supplied under the contract 30 days after the contract expires, the employer may give notice at least 60 days in advance of the projected plant closing date, which states that if the contract is not renewed, the plant closing will occur on the projected date.

3.2 Service of Notice

3.2.1 If first class or certified mail is used, notice must be postmarked at least 60 days before the employment loss.

3.2.2 All notices must be sent on official letterhead of the employer and must be signed by an individual with authority to represent the employer in this regard. Notice provided to the Department of Labor must contain the original or digital signature of the employer representative. The employer representative must have the authority to bind the employer and must attest to the truthfulness of all information provided in the notice.

3.2.3 Notice to the Delaware Department of Labor, Division of Employment and Training, WARN Act Administrator should be mailed to:

Delaware Department of Labor

Division of Employment and Training, WARN Act Administrator

4425 N. Market St., 3rd Fl.

Wilmington, DE 19802

3.2.4 Notice to the Delaware Workforce Development Board should be mailed to:

Delaware Department of Labor

Delaware Workforce Development Board

4425 N. Market St., 3rd Fl.

Wilmington, DE 19802

3.3 Contents of Notice

3.3.1 Notice must be specific and based on the best information available to the employer at the time the notice is served.

3.3.2 Notice to affected employees and the representatives of affected employees must include:

3.3.2.1 The name and address of the employment site where the mass layoff, plant closing, or relocation will occur;

3.3.2.2 The name and telephone number of a company official to contact for further information regarding the mass layoff, plant closing, or relocation;

3.3.2.3 A statement as to whether the mass layoff, plant closing, or relocation is expected to be permanent or temporary, whether the planned action will affect identifiable units of employees differently, and if an entire plant is to be closed, a statement to that effect;

3.3.2.4 The expected date of the first separation or when the mass layoff, plant closing, or relocation will commence, and the anticipated schedule for making separations;

3.3.2.5 The expected date when the individual employee will be separated;

3.3.2.6 The name, job title, home address, telephone number, and email address of each planned dislocated worker;

3.3.2.7 An indication whether or not bumping rights exist;

3.3.2.8 General information regarding any payouts, severance packages, job relocation opportunities, and retirement options that will be offered to the dislocated workers;

3.3.2.9 A statement as to whether the employer is self-insured for workers' compensation insurance under 19 Del.C. Ch. 23; and

3.3.2.10 Information concerning unemployment insurance, job training, and re-employment services for which affected employees may be eligible. Such information shall, at a minimum, include the following notice:

You are also hereby notified that, as a result of your employment loss, you may be eligible to receive job retraining, re-employment services, or other assistance with obtaining new employment from the State of Delaware Department of Labor or its workforce partners upon your termination. You may also be eligible for unemployment insurance benefits after your last day of employment. Whenever possible, the State of Delaware Department of Labor will contact your employer to arrange to provide additional information regarding these benefits and services to you through workshops, interviews, and other activities that will be scheduled prior to the time your employment ends. If your job has already ended, you can also access reemployment information and apply for unemployment insurance benefits on the Department's website, or you may use the contact information provided on the website or visit one of the Department's local offices for further information and assistance.

3.3.3 The notice may include additional information useful to the employees; for example, if the planned action is expected to be temporary, the estimated duration, if known.

19 Del. Admin. Code § 1103-3.0

28 DE Reg. 463 (12/1/2024) (Final)