News & Analysis as of

Layoff Notices Coronavirus/COVID-19

Jackson Lewis P.C.

Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

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The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19...more

Genova Burns LLC

Beginning On April 10, 2023, New Jersey Employers Must Comply With Stricter Requirements On Mass-Layoffs And Business Closures

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In 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy...more

Saiber LLC

New Jersey Passes Amendments to WARN Act

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On January 10, 2023, Governor Phil Murphy signed Assembly Bill No. 4768 into law, implementing significant changes to New Jersey’s WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification...more

Ballard Spahr LLP

New Jersey Employers Take Note: WARN Amendments Effective April 11, 2023

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In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more

Jones Day

Liquidating Chapter 11 Debtor Excused from Providing WARN Act Notification of Employee Layoffs Due to Pandemic Natural Disaster

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Large employers intending to lay off a significant number of their employees are required by the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") to give the targeted employees 60 days' advance...more

Dentons

Warnings about the WARN Act: COVID Edition

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Businesses operating in Iowa need to take into consideration both the Federal WARN Act, which applies to companies with 100 or more employees, as well as the Iowa Layoff Notification Law, or the Iowa Mini-WARN, which applies...more

Troutman Pepper

WARNING: Fifth Circuit Concludes COVID-19 Does Not Meet “Natural-Disaster” Exception Under the WARN Act

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Q. Have any courts addressed companies’ obligations under the WARN Act, particularly in light of COVID-19?...more

Epstein Becker & Green

Fifth Circuit Holds COVID is Not a “Natural Disaster” Under the WARN Act

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On June 15, 2022, the U.S. Court of Appeals for the Fifth Circuit held that COVID-19 does not qualify as a “natural disaster” under the federal Workers’ Adjustment and Retraining Notification (“WARN”) Act, effectively...more

Jackson Lewis P.C.

COVID-19 Pandemic is Not a ‘Natural Disaster’ Under WARN Act, Federal Appeals Court Holds

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Is the COVID-19 pandemic a “natural disaster” for purposes of the notice exception of the Worker Adjustment and Retraining Notification (WARN) Act? “No,” says the first federal appeals court to rule on the issue....more

Seyfarth Shaw LLP

Fifth Circuit Finds The COVID-19 Pandemic Is Not A Natural Disaster Under The WARN Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says "WARN" Act Natural Disaster Exception Does Not Include COVID-19 Pandemic

The federal Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to provide employees with 60 days’ advance notice of a plant closing or mass layoff. WARN contains an exception from this notice...more

Littler

Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

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In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of...more

Perkins Coie

Florida Court Refuses to Dismiss COVID-19-Related WARN Case Based on Natural Disaster Exception

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A judge for the U.S. District Court for the Middle District of Florida, on March 17, 2022, denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining...more

Seyfarth Shaw LLP

UPDATE: NJ Employers Must Prepare for the January 21, 2020 Amendments to the NJ WARN Act To Become Effective October 2, 2021 (Or...

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UPDATED Seyfarth Synopsis: This legal update has been modified to incorporate developments from June 4, 2021. New Jersey’s WARN Act (“NJ WARN”) was amended twice in 2020. The January 21, 2020 amendments (“Jan. 2020...more

Seyfarth Shaw LLP

NJ Employers Must Prepare for the January 21, 2020 Amendments to the NJ WARN Act To Become Effective Post-Pandemic

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Seyfarth Synopsis: New Jersey’s WARN Act (“NJ WARN”) was amended twice in 2020. The January 21, 2020 amendments (“Jan. 2020 Amendments”) were put on hold for the duration of New Jersey’s Public Health Emergency. The...more

Littler

Radical Expansion of New Jersey WARN Act Nears

Littler on

Sixteen months ago, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which radically expands employers’ advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal Court Fires a WARNing Shot at Employer Over COVID-related Layoffs on Short Notice

Under the Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”), employers with more than 100 employees are generally required to provide a minimum of sixty (60) days’ notice prior to a plant closing or mass...more

Parker Poe Adams & Bernstein LLP

WARN Act Ruling Poses Challenge for Employers Conducting Pandemic-Related Layoffs

The federal Worker Adjustment and Retraining Notification (WARN) Act generally requires employers of more than 100 total employees to provide at least 60 days’ advance notice if they are terminating at least 50 employees or...more

McAfee & Taft

COVID-19 and WARNings to employees about layoffs and closures

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In 2020, companies nationwide claimed that the global pandemic excused them from giving notice to employees of layoffs under the Worker Adjustment and Retraining Notification Act (WARN). WARN requires employers of a...more

Greenbaum, Rowe, Smith & Davis LLP

Recent Federal District Court Ruling Provides Insight Into How WARN Act May Apply To COVID-Related Workforce Cuts

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to their workforce in the event of a qualified plant closing or mass layoff. With certain...more

Bond Schoeneck & King PLLC

Federal Court in Florida Issues Decision in COVID-19 Related WARN Case 

Worker Adjustment and Retraining Notification (WARN) litigation is gearing up in the wake of millions of COVID-19 related layoffs that took place in 2020. The Federal WARN Act applies to employers with 100 or more...more

Benesch

The WARN Act and COVID-19 Litigation: Early Signs

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On January 4, 2020, the U.S. District Court for the Middle District of Florida ruled that neither the “natural disaster” exception nor the “unforeseeable business circumstance” exception warranted dismissal of a WARN Act...more

Nelson Mullins Riley & Scarborough LLP

WARN Act May Apply to COVID-Related Job Losses

While many employers believed that the WARN Act’s safe harbor provision for extreme and unexpected situations exempted job cuts made in the face of the COVID-19 pandemic, one U.S. Federal Court judge recently held otherwise....more

Seyfarth Shaw LLP

New York Amends State WARN Law

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Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a...more

Ervin Cohen & Jessup LLP

Reminder: Certain COVID-19-Related Layoffs and Shutdowns Require Cal-Warn Act Notice

When considering an employee layoff or business shutdown, as we reported here, employers should keep in mind that longer layoffs in California will trigger Cal-WARN Act rules. Unlike its federal counterpart, California’s WARN...more

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