Businesses are also relieved from 60-days advance notice if the plant closing or mass layoff is due to any form of natural disaster, including but not limited to floods, earthquakes or droughts. Still, businesses fitting within these exceptions to the 60-day notice requirement are still expected to give as much notice as practicable. In addition, they are also expected to give a brief statement of the basis for the reduced notification period once any notice is provided. Employers would only be expected to pay for such benefits for a period up to a maximum of 60 days. Employers can avoid such back pay and employee benefit liabilities by paying wages and benefit premiums for the employee during the period of the violation.
Courts are free to allow reasonable attorney's fees to prevailing plaintiffs who bring such suits.
Employers can avoid this penalty, however, if they pay each aggrieved employee whatever is owed the individual employee within 3 weeks from the date of a plant closing or layoff. Importantly, these are the exclusive remedies provided for under the statute, so employers need not fear that a federal court might enjoin a plant closing or a mass layoff if it failed to provide sufficient notice under the Act. While it might be difficult to know 60 days before a plant closing or layoff which would require notice under WARN, employers should keep in mind that there are many safe harbors and exceptions to the requirements which could come into play. Under WARN, such an event is not a plant closing and employees do not suffer an employment loss. The Eighth Circuit is in accord with these decisions.