Final answer:
Under the WARN Act, ABC Company must provide a 60-day notice before large layoffs or plant closings to both permanent and temporary employees. Temporary workers are to be treated equivalently to permanent ones, and staffing agencies alongside host employers (ABC Company) are jointly accountable for compliance with this law.
Step-by-step explanation:
The Worker Adjustment and Retraining Notification (WARN) Act mandates that employers with more than 100 employees provide a written notice 60 days before plant closings or large layoffs. This legal requirement is designed to give workers and their families time to prepare for the transition and to seek alternative employment or retraining.
When it comes to temporary employees provided by a staffing agency, the situation is that temporary workers must be treated like permanent employees. There is a responsibility shared between the staffing agencies and the host employers (in this case, ABC Company), to comply with workplace regulations, including providing notifications under the WARN Act. Therefore, ABC Company must also provide notification to their temporary employees about the facility closure through their staffing agency.
The Occupational Safety and Health Administration (OSHA) emphasizes that both the host and temporary employers are responsible for the health and safety of the temporary workers. In cases like this, both parties would be accountable if they fail to comply with the regulations, including the WARN Act's notification requirements.