Fallbrook Components has 600 full-time employees company-wide. At its machining plant, which has 180 full-time employees, it laid off 40 employees in March for lower demand. For the same reason, it now plans to lay off 35 more at the plant in May, within 90 days of the first layoff. What should the VP of HR advise?
Show answer & explanation
Answer: A
Aggregate the layoffs, notify before May, and address the March group's lack of notice: Correct. SPHR 1.12 — together the layoffs total 75 employees, about 42% of the site, which meets the mass-layoff test. Because they share one cause within 90 days, they are aggregated, so notice is owed to both groups; the March employees did not receive it, creating back-pay exposure that counsel should address now.
Rely on the unforeseeable business circumstances exception, since demand fell: Wrong exception: it requires a sudden, dramatic and unforeseeable event, which a gradual drop in demand is not, and even then it only shortens notice rather than removing it.
Proceed without notice, because each layoff on its own involves fewer than 50 employees: Ignores aggregation: layoffs within 90 days are combined when neither alone triggers WARN.
Give 60 days' notice to the May group only, since the March layoff has already passed: Understates the exposure: once the layoffs are aggregated, the March employees were also owed notice, so the missed notice must be addressed.
Under WARN, separate layoffs within any 90-day period are added together when each alone falls below the threshold, unless the employer shows separate and distinct causes; once aggregated, every affected group is owed notice.