In the North Carolina General Assembly, Representatives Rick Glazier, Marvin Lucas, Deborah Ross, and Bill Faison introduced House Bill 1169 earlier this year. The bill was filed, passed a first reading and was referred to the House Committee on Commerce, Small Business and Enterpreneurship. The bill remains in committee.
The bill would require an employer to provide written notice at least 90 calendar days in advance of a plant closing or a mass layoff. Plant closings and mass layoffs are defined similarly to the federal statute. A WARN-NC notice is required when an employer is laying off at least 50 people in a single site of employment or employs 100 or more workers. Any employer who violates the act is liable to each affected employee for an amount equal to back pay and benefits for the period of the violation, up to 90 days. The Commissioner is empowered to enforce the act. The Attorney General shall represent the Department of Labor or designate some member of his or her staff to represent them in all actions or proceedings in connection with the Act. Within 90 days of an employer's failure to provide an affected employee with the WARN-NC notice required by this Article, the affected employee may bring a civil action in court against the employer to obtain monetary damages.