Section 279.02. Employer notice.

 

(1)  An employer who has decided upon a business closing or mass layoff in this state shall provide written notice of the closing or mass layoff to the department, any affected employee, any collective bargaining representative of any affected employee and the highest official of any municipality in which the affected employment site is located.

(2)  

(a) In the case of the sale of part or all of a business the exception in s. 109.07 (6) (a) , Stats., may apply. If that exception does not apply and if notice is required, the seller shall provide notice of any business closing or mass layoff that occurs up to the effective date of sale, and the buyer is responsible for providing notice of any business closing or mass layoff that takes place thereafter. If termination or layoff takes place on the sale's effective date, notice to affected employees not hired by the buyer in connection with the sale is the responsibility of the buyer.

(b) Not withstanding the allocation of responsibility for notice in par. (a) , a buyer and seller may issue notices jointly or as agents of one another. Buyers and sellers also may enter into private agreements which address their respective rights and notice obligations under this subsection.

(c) If notice is not given as required by par. (a) , the employer required to give notice shall be liable for penalties under s. 109.07 (3) and (4m) , Stats.

History: Cr. Register, March, 1991, No. 423 , eff. 4-1-91.

Note

An employer shall notify the department of a business closing or mass layoff by providing written notice delivered to the Dislocated Workers Unit, Department of workforce development, P.O. Box 7972, Madison, Wisconsin 53707. Microsoft Windows NT 6.1.7601 Service Pack 1