News & Analysis as of

Layoff Notices

Employer Responsibilities Mount as California Fires Rage

by Littler on

While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high...more

California WARN Act Notice Requirements Apply to Temporary Layoff

by Farella Braun + Martel LLP on

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

Be Fore-WARNed: California Really Is Peculiar

by Seyfarth Shaw LLP on

Seyfarth synopsis: Companies contemplating a mass layoff must comply with the federal Worker Adjustment and Retraining Notification Act. In California, alas, companies must also consider the even more stringent requirements...more

You’ve Been Warned: California’s WARN Act Is Broader Than the Federal Warn Act

by Bryan Cave on

As with so many other situations involving California’s employment laws, its protection for California-based employees experiencing a job loss is broader than the protections under federal law. In The International...more

California’s WARN Act Applies to Temporary Layoffs

by Fisher Phillips on

A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. The case (Boilermakers Local 1998 v. Nassco Holdings,...more

Temporary Furloughs May Trigger California WARN Act Notice Obligations

by Littler on

A California Court of Appeals has held that temporary furloughs trigger notice obligations under the California Workers Adjustment and Retraining Notification Act (CA-WARN). Specifically, the appellate court in The...more

Temporary Furloughs May Trigger California WARN Act Notice Obligations

by Littler on

A California Court of Appeals has held that temporary furloughs trigger notice obligations under the California Workers Adjustment and Retraining Notification Act (CA-WARN). Specifically, the appellate court in The...more

Short-Term Layoffs Require Advance Notice Under California WARN

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Like the Federal WARN Act, California’s WARN Act (Cal-WARN) requires employers to notify employees of certain covered layoffs that will affect them. The California Court of Appeal has now confirmed that...more

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

by Jones Day on

In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more

The Third Circuit Weighs In On The Warn Act

by Cole Schotz on

Short Summary- In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act). ...more

Third Circuit Applies More Flexible Standard for WARN Exemption

The Third Circuit, in In re AE Liquidation, Inc., Case No. 16-2203 (3d Cir. Aug 04, 2017) held that the Debtors were not liable under the WARN Act for failing to warn employees of furloughs and layoffs until those furloughs...more

Back Back Back Back Back and That Job is Gone!

ESPN is generally known as the worldwide leader in sports. This week, however, they were in the news for a reason that didn’t involve reporting on deflated balls, two people yelling at each other over a topic no one generally...more

Saudi Ministry of Labor Restricts Terminations

by Jones Day on

On 29 January 2017, the Saudi Minister of Labor issued Resolution No. 50945 ("Resolution") restricting termination of groups of Saudi employees for redundancy. This significant development comes at a time when many employers...more

American Apparel to Send 3,500 Workers Home: What You Need to Remember About the WARN Act

by Baker Donelson on

In the fallout of American Apparel's planned Chapter 11 bankruptcy, the clothing manufacturer warned almost 3,500 employees in its California locations that they may be laid off come the first of the year. Documents published...more

Minimize the Legal Risks of Layoffs by Careful Consideration of Federal Layoff Laws

by Reminger Co., LPA on

Layoff decisions can be difficult for employers for a number of reasons and it is important for any business to be fully informed when making such decisions. When a company makes a determination that layoffs are necessary,...more

Do You Need to WARN Your Employees?

by Bond Schoeneck & King PLLC on

Since 1989, the federal Worker Adjustment and Retraining Notification (“WARN”) Act has required covered employers to give written notice in advance of certain workforce reductions affecting at least 50 employees. Twenty...more

WARN Act Does Not Prohibit Employers From Spacing Layoffs to Avoid Notice Requirements

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide 60 days advance notice to employees of certain qualifying plant closings and mass layoffs. The WARN thresholds are based on...more

498, 499, 500! Not So Fast, Says the Sixth Circuit on WARN Act Case

This week, the Sixth Circuit weighed in on what it identified as an “unusual” case involving the seldom-seen Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act requires employers to provide at least 60...more

Notice of Future Termination Does Not Constitute Immediate Employment Loss Under the WARN ACT

by Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment...more

Workplace Policy Institute Client Alert: Falling Over the Fiscal Cliff

by Littler on

As the January 1, 2013, "fiscal cliff" deadline fast approaches, the Senate may be close to a compromise "solution" as we push midnight tonight. Whether a deal will emerge that can pass the House and be signed by the...more

Are We Headed for the “Fiscal Cliff” of Sequestration?

Like Thelma and Louise in the movie of the same name driving their convertible over the cliff, or even more analogous, like a bunch of lemmings blindly following their leaders over the precipice, as a nation we may be headed...more

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