Section 279.09. Applicability.

 

(1)  Voluntary notice by an employer is encouraged, even in situations which technically do not constitute a business closing or mass layoff. For that reason, whether particular actions by employers actually constitute a business closing or mass layoff within the meaning of s. 109.07 , Stats., will depend on the actions themselves, and not on how characterized by an employer in any written notice.

(2)  The amount for which an employer is liable for claims by affected employees shall be reduced by any wages paid by the employer for the period of the violation and any voluntary and unconditional payment by the employer to the employee that is not required by any legal or contractual obligation.

(3)  An employee who has received notice of a business closing or mass layoff but who remains employed and is placed on paid leave or comparable program is not an affected employee for the purposes of this chapter even though the employee does not report to work or is transferred to another position or assigned different job duties.

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