Section 279.06. Content of employer notice.

 

(1)  Notice by the employer to each affected employee shall contain at least all of the following:

(a) The name and address of the employment site where the business closing or mass layoff will occur and the name and telephone number of a company official to contact for further information.

(b) A description of whether the planned action is expected to be permanent or temporary and, if the entire employment site is to be closed, a statement to that effect. If the planned action is expected to be temporary the notice should to the extent reasonable include the estimated duration of that action, if known.

(c) The expected date when the business closing or mass layoff will commence and the expected date of the employee's layoff or separation.

(d) The name and address of the employee's collective bargaining representative, if applicable.

(2)  Notice to the collective bargaining representative of an affected employee shall contain all of the following:

(a) The name and address of the employment site where the business closing or mass layoff will occur and whether the planned action is expected to be permanent or temporary, and if the entire employment site is to be closed a statement to that effect.

(b) The schedule of separation or layoff, a list including the job titles of the affected positions and the names of employees currently holding those jobs or expected to be affected by the business closing or mass layoff.

(c) The name and address of a company official for the bargaining representative to contact for further information.

(3)  Notice to the department and to the highest official of the municipality in which the affected employment site is located shall contain all of the following:

(a) The name and address of the employment site where the business closing or mass layoff will occur.

(b) The name and telephone number of a company official to contact for further information.

(c) The expected date of the first separation or layoff.

(d) The number of employees affected by the business closing or mass layoff.

(e) A description of whether the planned action is expected to be permanent or temporary and, if the entire employment site is to be closed, a statement to that effect. If the planned action is expected to be temporary the notice should include to the extent reasonable the estimated duration of that action, if known.

(4)  

(a) Information provided in the notice shall be based on the best information available to the employer at the time the notice is served. Errors in information provided in a notice that occur because events subsequently change or that are minor inadvertent errors are not to be considered a violation of s. 109.07 , Stats.

(b) Minor inadvertent errors includes but is not limited to factual errors that result because circumstances later changed, the omission or misstatement of position titles or number of employees in a given position, typographical errors or other minor inaccuracies that were unintended.

(5)  Employers may use a form of notice that satisfies the notice requirements of the federal Worker Adjustment and Retraining Notification Act as specified in 20 CFR 639.7 , as a substitute for the notice required in this section. In those instances when notice is required under s. 109.07 , Stats., but not clearly required under federal law, employer notice shall comply with this section.

(6)  Conditional notice may be given upon the occurrence or nonoccurrence of an event, such as the renewal of a major contract, other than the renewal of a labor contract between the employer and any potentially affected employees as defined in s. 109.07 (1) (a) , Stats., when the event is definite and the consequences of its occurrence will lead to a business closing or mass layoff less than 60 days after the event.

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