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| We are a construction company with approx 10 office and 160 field employees. As a company practice, we close the office the day before or after a paid holiday (this year we will close Mondays, Dec 24th and Dec 31st), giving office employees the option to work, take PTO or Vacation pay, or the day off without pay. The field laborers are given the same option, but the majority of them will work. This year, due to economic reasons, we are contemplating closing the operations for the week of Christmas (25th is a paid holiday) but would like to still give ONLY the office employees the option to work all or part of the week. Does this temporary closing of the field operations require notice under the WARN Act (60-days notice)? Can we give the office employees the option to work, but not the field? Has anyone dealt with this scenario before? Any comments and suggestions would be helpful. Thanks. -Lori
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| I believe WARN is only for mass layoffs and plant closings meaning going out of business (not closing 1 week for a holiday).
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Yes. The WARN act does not apply for a closing during the Christmas holiday.
We are also closing for two weeks for the holiday so I am reading (Labor law digest page 404) that we "cannot make deductions for exempt employee when work is unavilable because of the operational requirements of a business if employees are ready, willing, and able to work."
So this is something to consider for the exempt employees.
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