Florida WARN Act

Feb 18, 2024
7 mins to read
Florida WARN Act

The Florida WARN act provision is a 60 day notice that is given to employees when faced with potential layoffs and plant closures.

What is the Florida WARN Act

Florida's WARN Act is created to safeguard workers facing potential layoffs or plant closures. Employers in Florida are legally made to provide advance notice to their employees when they become aware of closures of workforce reductions. This notice to employees is important as it gives them time to explore other employment opportunities. 

The Florida WARN Act operates independently of the Fair Labor Standards Act (FLSA), which establishes federal guidelines for minimum wage, overtime pay, and unemployment benefits. 

WARN Notices in Florida

In Florida, if a company is thinking about laying off folks or shutting down a plant, they've got to give us a heads-up at least 60 days before it goes down. Now, if there are union workers in the mix, they're not telling us directly. Nope, they're spilling the beans to the union reps instead of each of us individually. 

Notice Requirements:

  1. Be written down
  2. Date of layoff/plant closure
  3. Reason of layoff/plant closure
  4. Temporary or Permanent 
  5. Positions and number of employees getting let go

Florida WARN Act Requirements 

In Florida, if a company's got a hundred or more employees, they've got to pay attention to the WARN Act. But here's the catch: it doesn't include those who've worked less than six months in the last year or those putting in less than 20 hours a week. 

This rule applies to various setups, like:

  • regular for-profit businesses
  • non-profit outfits
  • public or quasi-public operations

When it comes to who gets the heads up, the WARN Act says it goes to hourly and salaried individuals, plus the managers and supervisors. But, and it's a big but, business partners aren't in the loop for notice.

Now, the WARN Act in Florida isn't about throwing out pink slips left and right. It's all about giving a heads-up before anything big goes down with the jobs of a bunch of employees.

How Is It Enforced In Florida

In Florida, they enforce the WARN Act through the United States District Courts. So, if workers, their reps, or local government units think a company is breaking the rules, they can bring them to court with individual or class-action lawsuits. And if they win, the court might throw in some money for attorney fees.

Now, if a company messes up and violates the WARN Act – like not giving enough notice – they could end up forking over back pay to the affected workers. On top of that, the court could slap them with penalties, up to 500 bucks a day for each day of the violation. To make things right, employers have to settle up with the affected folks within three weeks of closing up shop or laying people off. If they don't play by the rules, they might find themselves facing a lawsuit in the U.S. District Court.

If you're worried about your rights, it's a good idea to chat with a Florida labor lawyer. And remember, laws can change, so always check out the official sources before making any big decisions


All in all, the Florida WARN Act is all about giving workers a heads-up when layoffs or plant closures as its meant to help employees prepare by providing at least 60 days' notice before the big changes happen.

This law is separate from the federal Fair Labor Standards Act (FLSA) and applies to various types of employers, excluding those with less than six months of service or working less than 20 hours a week.

In Florida, if a company has a hundred or more employees, they're obliged to follow the WARN Act's rules. The Act requires written notices, detailing the when, why, and how many positions are affected by the layoffs or closure.

If employers don't play by the rules, they can end up in court. The United States District Courts handle enforcement, and employees or their reps can file lawsuits. Violations may result in penalties and back pay for affected workers, with employers required to settle up within three weeks of the closure.

For individuals concerned about their rights, seeking advice from a Florida labor lawyer is a good move. Keep in mind that laws can change, so always check official sources for the latest information before making any decisions.

Simar Janjua
Simar Janjua

Simar is a Marketing and Content Intern at Litespace, bringing her knowledge of Business Administration and passion for marketing to creating content and digital marketing. She uses her current and expanding knowledge to support Litespace in its mission to foster better hybrid workplaces. 

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