Employee Rights Under Wisconsin's Business Closing/Mass Layoff Law Poster

ERD	-9006	-P (	R. 	05/2014	) 	
Employee Rights 	under	 Wisconsin’s	  	
Business Closing/Mass Layoff 	Notification 	Law	 	
 
Under Wisconsin law	 (Wis. Stat. 	§ 109.07)	, employees have certain rights and employers have certain 	
obligations to give proper	 notice to their employees and others before taking certain actions.	 	
 
W	hat is a “	business closing” or “mass layoff?”	 	
A “business closing”	 requires notice if there is a permanent or temporary shutdown of an employment site	 or 	of one or more 	
facilities or operating units at an employment site or within a single municipality that 	affects 25 or more employees (not 	
including “new” or “low	-hour” employees).	 	
A “mass layoff”	 requires notice if there is a reduction in the workforce that is not a “business closing” and which affects the 	
following number of employees (excluding new or low ho	ur employees) at an employment site or within a single municipality:	 	
1. 	At least 25% of the employer’s workforce or 25 employees, whichever is greater	 or 	
2. 	At least 500 employees.	 	
Employees are counted if their employment is terminated (not including discharges	 for cause, voluntary departures	, or 	
retirements), if they are laid off for more than 6 months, or if their hours are reduced more than 50 percent during each mon	th 	
of any 6	-month period, as the result of a business closing or mass layoff.  New or low	-hour 	employees 	- who have been 	
employed for fewer than 6 of the 12 months preceding the date on which a notice is required or who average fewer than 20 
hours of work per week 	- are 	not	 counted.	 	 
Who must provide notice and when?	 	
With certain exceptions, busines	ses employing 50 or more persons in the State of Wisconsin must provide written notice 60 	
days before implementing 	a “business closing” or “mass layoff” in this state.  The federal or state government (and their 	
political subdivisions), charitable	 or tax ex	empt institutions and organizations	, and independent contractors are not covered 	
under this law and do not have to provide notice.  Additional exceptions exist in various situations involving strikes or loc	kouts, 	
sales, relocation	s, temporary or seasonal em	ployment, unforeseeable circumstances, natural or man	-made disasters, 	
temporary cessation in operations, or businesses in financial trouble.	 	 
What employees are entitled to receive notice?	 	
Employees are entitled to receive notice if they are counted as par	t of “business closing” or “mass layoff.”  New or low	-hour 	
employees may also be entitled to receive notice in situations where there is a “business closing” or “mass layoff.”	 	 
What can employees recover if notice is required and not given?	 	
If an employer 	implements a “business closing” or “mass layoff” without providing required notice, an affected employee may 	
recover back pay and benefits for each day that required notice was not provided (up to a maximum of 60 days).  An affected 
employee may also recov	er attorney fees and costs in a lawsuit.	 	  
If you have questions regarding this law or wish to file a complaint, call or write	 us at	: 	
 	
STATE OF WISCONSIN	 	
DEPARTMENT OF WORKFORCE DEVELOPMENT	 	
EQUAL RIGHTS DIVISION	 	 	
201 E WASHINGTON AVE ROOM A1	00	 	819 N 6th ST	 	
PO BOX 8928	 	ROOM 	723	 	
MADISON WI  53708 	 	MILWAUKEE WI  53203	 	 
Telephone: 	 	(608) 266	-6860	 	Telephone: 	 	(414) 227	-4384	 	
TTY:	 	(608) 264	-8752	 	TTY: 	 	(414) 227	-4081	 	 	
Website: http://dwd.wisconsin.gov/er/	 	 	
The Department of Workforce Development is an equal opportu	nity employer and service provider.  If you have a 	
disability and need to access this information in an alternate format or need it translated to another language, 
please contact us.