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Wisconsin

In Wisconsin, an employer should give notice to affected employees, any collective bargaining representatives of any affected employees, and the highest official of any municipality in which the affected employment site is located, 60 days prior to the date of business closing or mass layoff.  The Wisconsin statute covers employers with 50 or more workers. It requires that employers give notice of a temporary or permanent business closing affecting 25 or more workers or a layoff affecting at least 500 workers or at least 25% of all employees or 25 workers, whichever is greater. If the employer fails to provide notice to the affected employee, the employee can recover the pay or the value of any benefit that the employee would have received under an employee benefit plan during the recovery period including the cost of medical treatment.

The relevant portion of the statute is as follows:

“Wis.Stat. § 109.07. Mergers, liquidations, dispositions, relocations or cessation of operations affecting employees; advance notice required

(1m) Subject to sub. (5) or (6), an employer who has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. 106.15, any affected employee, any collective bargaining representative of any affected employee, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date that the business closing or mass layoff takes place. The employer shall provide in writing all information concerning its payroll, affected employees and the wages and other remuneration owed to such employees as the department may require. The department may in addition require the employer to submit a plan setting forth the manner in which final payment in full shall be made to affected employees. The department shall promptly provide a copy of the notice required under this subsection to the department of commerce and to the office of the commissioner of insurance and shall cooperate with the department of commerce in the performance of its responsibilities under s. 560.15 and with the office of the commissioner of insurance in the performance of its responsibilities under s. 601.41(7). This subsection does not apply to a business closing or mass layoff that is caused by a strike or lockout.

(3)(a) If an employer fails to give timely notice to an affected employee as required under sub. (1m), the affected employee may recover, as provided under sub. (4), all of the following:

1. Pay, for the days during the recovery period described under par. (c) that the employee would have worked if the business closing or mass layoff had not occurred, based on the greater of the following:

a. The employee’s regular rate of pay from the employer, averaged over the shorter of the 3-year period preceding the business closing or mass layoff or the entire period during which the employee was employed by the employer.

b. The employee’s regular rate of pay from the employer at the time of the business closing or mass layoff.

2. The value of any benefit that the employee would have received under an employee benefit plan during the recovery period described under par. (c), but did not receive because of the business closing or mass layoff, including the cost of medical treatment incurred that would have been covered under the employee benefit plan.

(b) The amount that an employee may recover under par. (a) shall be reduced by any cost that the employer incurs by crediting the employee, under an employee benefit plan, for time not actually served because of a business closing or mass layoff.
(c) The recovery period under par. (a) begins on the day that the business closing or mass layoff occurs. The recovery period equals the number of days in the period beginning on the day on which an employer is required to give notice under sub. (1m) and ending on whichever of the following occurs first:

1. The day that the employer actually gave the notice to the employee.

2. The day that the business closing or mass layoff occurred.


Inside Wisconsin