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Hiring & Firing › WARN Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Foley & Lardner LLP

Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them?

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Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

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The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

Weintraub Tobin

California Employment News: Document Checklist for Departing Employees (Podcast)

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Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers must provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act...more

Weintraub Tobin

California Employment News: Document Checklist for Departing Employees

Weintraub Tobin on

Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers must provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act...more

Fox Rothschild LLP

With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures

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Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act...more

Fox Rothschild LLP

Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs

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The Office of Management and Budget issued a vaguely worded memorandum on Jan. 27, 2025, ordering a blanket freeze (with very limited exceptions) in all federal grants, federal loans, and other forms of federal financial...more

Jackson Lewis P.C.

Employer Reactions to Federal Funding Freeze Could Have WARN Act Consequences

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As President Donald Trump’s proposed federal funding freeze may take effect within the coming days, organizations that rely upon federal funding may be forced to consider layoffs, furloughs or hours reductions for employees....more

Polsinelli

New York’s Impending WARN Notice Requirement for Artificial Intelligence Related Layoffs Highlights Proliferating Nationwide...

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During her 2025 State of the State Address on January 14, 2025, New York Governor Kathy Hochul announced a plan to support workers displaced by Artificial Intelligence (AI) by requiring employers who engage in mass layoffs or...more

Littler

Governor Hochul Seeks to Expand New York WARN Notice Requirements to Include AI Disclosures

Littler on

New York WARN Act notices are getting longer (again). In her State of the State address earlier this month, Governor Kathy Hochul announced that she will direct the New York Department of Labor (NYDOL) to amend the New York...more

Littler

A Littler Report: Operating Through Emergencies & Natural Disasters

Littler on

No matter how much advance warning is provided or experience garnered, employers and employees are often caught off guard by the devastation and uncertainty natural disasters create. Whether wildfires, hurricanes, tornadoes,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Key Multistate Considerations When Handling Reductions in Force

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Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and...more

Littler

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Littler on

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The New Jersey Mini-WARN Act Amendments - One Year Later

Ogletree, Deakins, Nash, Smoak & Stewart,... on

One year has passed since sweeping amendments to the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN) took effect on April 10, 2023. Mass layoff...more

Maynard Nexsen

Compliance with WARN for Remote Workers

Maynard Nexsen on

Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at...more

MoFo Employment Law Commentary (ELC)

Collective Redundancies In Europe

MoFo Employment Law Commentary (ELC) on

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Legislative Year-in-Review: A Recap of the New and Vetoed Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The new California employment-related laws that came out of the 2023 legislative session address a number of issues that will affect many employers. Leave (paid family leave, sick leave, and reproductive loss leave),...more

Parker Poe Adams & Bernstein LLP

Private Equity Firm's De Facto Control Over Employer May Lead to Liability Over Termination Notices

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As with many federal labor laws, the Worker Adjustment and Retraining Notification (WARN) Act imposes obligations on employers. In most situations, the employer is the entity listed on the employees’ W-2. However, in some...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Advances Employment Law Bills in Final Weeks of Session

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As the September 14, 2023, deadline to pass bills during the current session of the California Legislature fast approaches, the California Senate and Assembly are considering several employment law bills. Many are likely to...more

Cooley LLP

New York State Amends Its WARN Act Regulations

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At the end of June 2023, the New York Department of Labor (DOL) issued final amended regulations to the state’s Worker Adjustment and Retraining Notification (NY WARN) Act. The amendments, which are now effective, impose...more

Faegre Drinker Biddle & Reath LLP

New York State DOL Issues Amended WARN Regulations

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The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more

Hogan Lovells

Effective June 21, 2023, the New York Mini-WARN Act became increasingly complex

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On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more

Carlton Fields

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

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In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

Bressler, Amery & Ross, P.C.

What Employers Need to Know about the Recently Enacted Amendments to the NJ WARN ACT

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The New Jersey WARN Act (“NJ WARN Act”) generally imposes certain obligations on employers before conducting a mass layoff or plant closure. Back in January of 2020, New Jersey made several amendments to the NJ WARN Act;...more

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