Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart A - GENERAL PROVISIONS › Section 230.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Worker Adjustment and Retraining
				  Notification Act (IWARN) [820 ILCS 65 ].
"Administrative hearing" means a formal administrative
				  hearing.
"Affected employee" means employees who may reasonably be
				  expected to experience an employment loss as a consequence of a proposed plant
				  closing or mass layoff by their employer [820 ILCS
				  65/5(a) ].
"Complaint" means an allegation of a violation of the Act
				  filed with the Department.
"Complainant" means a person who files a complaint.
"Department" means the Illinois Department of Labor or a duly
				  authorized representative.
"Day" means calendar day.
"Director" means the Director of Labor or a duly authorized
				  representative.
"Employer" means any business enterprise that employs:
75 or more employees, excluding part-time employees;
				  or
75 or more employees who in the aggregate work at least 4,000
				  hours per week (exclusive of hours of overtime). [820 ILCS
				  65/5(c) ]
Employer does not include the federal or State government or
				  any of their political subdivisions, including any unit of local government or
				  any school district. Charitable organizations and institutions as defined by
				  the Charitable Trust Act [760 ILCS 55 ] and the Solicitation for Charity Act
				  [225 ILCS 460 ] are not included. Tax-exempt institutions and organizations are
				  also not included. Further, independent contractors and wholly or partially
				  owned subsidiaries that are independent from the parent corporation are
				  considered separate employers for the purposes of this Act and Part. When
				  determining whether an employer is an independent contractor or a wholly or
				  partially owned subsidiary, the Director will consider: common ownership;
				  common directors and/or officers; actual exercise of control; unity of
				  personnel policies emanating from a common source; and the dependency of
				  operations.
"Employment loss" means:
an employment termination, other than a discharge for cause,
				  voluntary departure, or retirement;
a layoff exceeding 6 months; or
a reduction in hours of work of more than 50% during each
				  month of any 6-month period.
Employment loss does not include instances when the plant
				  closing or layoff is the result of the relocation or consolidation of part or
				  all of the employer's business and, before the closing or layoff, the employer
				  offers to transfer the employee to a different site of employment within a
				  reasonable commuting distance, or the employer offers to transfer the employee
				  to any other site of employment, regardless of distance, with no more than a
				  6-month break in employment, and the employee accepts within 30 days after the
				  offer or after the closing or layoff , whichever is later. [820 ILCS
				  65/5(b) ]
"Mass layoff" means a reduction in force that:
is not the result of a plant closing; and
results in an employment loss at the single site of
				  employment during any 30-day period for:
at least 33% of the employees (excluding any part-time
				  employees) and at least 25 employees (excluding any part-time employees);
				  or
at least 250 employees (excluding any part-time employees).
				  [820 ILCS
				  65/5(d) ]
"Part-time employee", for purposes of the Act and this Part,
				  means an employee who is employed for an average of fewer than 20 hours per
				  week or who has been
employed for fewer than 6 of the 12 months preceding the date
				  on which notice is required. [820 ILCS
				  65/5(e) ]
"Plant closing" means the permanent or temporary shutdown of
				  a single site of employment, or one or more facilities or operating units
				  within a single site of employment, if the shutdown results in an employment
				  loss at the single site of employment during any 30-day period for 50 or more
				  employees excluding any part-time employees. [820 ILCS
				  65/5(f) ]
"Respondent" means an employer against whom a complaint is
				  filed.
"Representative" means an exclusive representative of
				  employees within the meaning of Section 9(a) or 8(f) of the National Labor
				  Relations Act (
				  29 USC
				  159(a),
				  158(f)
				  ) or Section 2 of the Railway Labor Act (
				  45 USC 152 ).
				  [820 ILCS
				  65/5(g) ]
"WARN" means the federal Worker Adjustment and Retraining
				  Notification Act (
				  29
				  USC 2101 ), or as hereafter
				  amended.