News & Analysis as of September 25, 2024

Hiring & Firing › WARN Act

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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 -

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

Littler on 9/24/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/29/2024

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

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

DarrowEverett LLP on 7/16/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2024

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

Compliance with WARN for Remote Workers

Maynard Nexsen on 1/22/2024

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

Collective Redundancies In Europe

MoFo Employment Law Commentary (ELC) on 1/8/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/20/2023

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

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

Parker Poe Adams & Bernstein LLP on 10/13/2023

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

California Legislature Advances Employment Law Bills in Final Weeks of Session

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/6/2023

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

New York State Amends Its WARN Act Regulations

Cooley LLP on 8/4/2023

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

New York State DOL Issues Amended WARN Regulations

Faegre Drinker Biddle & Reath LLP on 8/4/2023

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

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

Hogan Lovells on 7/31/2023

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

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

Carlton Fields on 7/26/2023

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

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

Bressler, Amery & Ross, P.C. on 7/5/2023

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

Amended New York WARN Regulations Now in Effect

Jones Day on 6/30/2023

The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more

WARNing: Amendments to the New York WARN Act Regulations are Now in Effect

Littler on 6/27/2023

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some...more

Final New York WARN Regulations Issued

Bond Schoeneck & King PLLC on 6/23/2023

The New York State Department of Labor issued final regulations making certain changes and additions to long-existing regulations regarding the New York WARN Act. As we reported previously, the revisions update the...more

WARN Act Issues in Business Transactions and Restructurings

CDF Labor Law LLP on 6/15/2023

These are strange economic times. Although some businesses do continue to grow by acquisition, we are seeing an increasing number of other businesses contracting and undergoing reductions in force, while still others are...more

Taking a Gamble: Plant Closings and Mass Layoffs Under the WARN Act

Bond Schoeneck & King PLLC on 6/6/2023

In a recent decision, the Second Circuit Court of Appeals overturned a district court’s ruling that an employer was not subject to the Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 (the WARN...more

WARN Act Considerations in an Uncertain Economy

Maynard Nexsen on 5/11/2023

Jenny Craig is a well-known weight management and nutrition company. It recently announced it is going out of business after 40 years. More importantly for this update, though, is that Jenny Craig is also facing a class...more

New Jersey WARN Act Amendments Expanding Coverage and Employer Obligations Now Effective

Kilpatrick on 5/8/2023

On January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and greatly expanded New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act” or “Act”). The...more

WARN-ings May Be Required Before a RIF or Shut Down

Polsinelli on 5/3/2023

Recent layoffs at several high profile companies, and the putative class actions filed in their wake, highlight the importance of legal compliance when making and effecting these difficult decisions....more

Layoffs Require Careful Planning to Avoid Costly Lawsuits

Dickinson Wright on 4/24/2023

Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone....more

New Jersey WARN Act Amendments Expanding Coverage and Increasing Severance and Notice Requirements Now in Effect

Jones Day on 4/21/2023

In Short - The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more

New York Proposes Update to WARN Act

Bond Schoeneck & King PLLC on 4/5/2023

On March 29, 2023, the New York Department of Labor announced a proposal to update the New York Worker Adjustment and Retraining Notification (NY WARN) Act regulations to provide clarification and conform to statutory changes...more

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Hiring & Firing › WARN Act

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