None of these notice requirements apply if which condition is met?

• A. The employees consent to termination.
• B. The total number of terminated employees is less than 10 percent of those employed for greater than three months at the establishment, and none of the employees are being terminated because of a cessation of business.
• C. The company is in a different industry.
• D. The employees are all managers.

Answer: (B)

Notice rules distinguish between individual terminations and mass terminations. There’s an exemption for small-scale reductions: if the total number of terminated employees is less than 10 percent of those who have worked for more than three months at the establishment, and none are being terminated because the business is ceasing operations, the usual notice or consultative requirements don’t apply. The 10% threshold focuses on larger-scale layoffs, while counting only employees with more than three months of service ensures short-tenure hires aren’t included. The ban on applying to business closure is because those situations trigger different obligations. Other scenarios like employees’ consent, having only managers terminated, or industry differences do not by themselves create this exemption.