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Notice Requirements Natural Disasters

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

California Publishes New Wage Theft Notice Reflecting Requirement to Notify Employees of Disaster Declarations

The California Department of Industrial Relations (DIR) recently published a revised employee wage theft notice, effective January 1, 2024, that reflects legislation enacted in California in October 2023 requiring notice of...more

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

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

COVID-19–Driven Layoffs Are Not a ‘Natural Disaster’ Under WARN Act, Fifth Circuit Rules

In the first ruling from a federal appellate court examining COVID-19–related layoffs and the Worker Adjustment and Retraining Notification (WARN) Act, the Fifth Circuit Court of Appeals held in Easom v. US Well Services,...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

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

Saul Ewing LLP

Federal Court Sheds Light on “Unforeseeable Business Circumstances” Exception to WARN Act Notice Requirements

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A recent decision by a federal court in Florida could invite protracted litigation for large employers who engaged in mass layoffs after the COVID-19 pandemic arrived, if those employers did not provide 60 days’ notice under...more

Bressler, Amery & Ross, P.C.

Federal District Court Rejects Employer’s Attempt to Rely on Covid-19 Pandemic as “Natural Disaster” or “Unforeseeable Business...

In a recent decision, the U.S. District Court for the Middle District of Florida declined to dismiss WARN Act claims asserted by employees who were laid off during the COVID-19 pandemic. Benson et al. v. Enterprise Leasing...more

Cole Schotz

WARN Act Update: Amount Of Notice Provided For Pandemic-Related Mass Layoffs Subject To Close Judicial Scrutiny

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The Federal Worker Adjustment and Retraining Notification Act (“WARN Act”) generally requires large employers to provide 60 days’ advance notice to employees before instituting a “plant closing” or “mass layoff” affecting 50...more

Flaster Greenberg PC

Insurance Recovery Best Practices After a Natural Disaster: Checklist for Policyholders

Flaster Greenberg PC on

Gather all applicable insurance policies. Often a single loss can trigger coverage under multiple insurance policies. Examine each loss through the prism of each policy to determine the potential for coverage....more

Zuckerman Spaeder LLP

A WARNing for Employers: When Conducting Layoffs, Know This Law

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The coronavirus pandemic has already had a massive impact on businesses. Many companies have announced layoffs, furloughs, or unpaid leaves of absence....more

Bradley Arant Boult Cummings LLP

IRS Finalizes Revised Hardship Regulations - Employee Benefits Alert

The Internal Revenue Service (IRS) has finalized revisions to the regulations governing hardship distributions under 401(k) and 403(b) plans. The final regulations make some subtle but important changes to the regulations...more

Jones Day

When the Show Cannot Go On: Maximizing Insurance Recoveries for Event Cancellations

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The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more

Searcy Denney Scarola Barnhart & Shipley

Hurricane Michael devastates the Florida Panhandle

Last week, Hurricane Michael devastated the Florida Panhandle. The hurricane was the third strongest to strike the United States and the largest to ever make landfall on the Florida Panhandle. Some of Florida’s most historic...more

Foley & Lardner LLP

Force Majeure Best Practices – Hurricane Florence Edition

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The threat presented by Hurricane Florence has forced government officials to order South Carolina residents to evacuate hurricane zones. The mandatory evacuation and closure of many businesses and schools in the area has...more

Jones Day

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Wildfires Rage: Insurance Advice for Recovery After the Smoke Clears

Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Harvey and Irma: Is Your Company Prepared for a Disaster? The Property and Business Interruption Insurance Checklist

An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Irma: Maximizing Insurance Recoveries

Hurricane Irma’s epic scope and wind speed suggest that affected businesses and other organizations take immediate and proactive steps to maximize insurance recovery....more

Holland & Knight LLP

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

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While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more

Pillsbury Winthrop Shaw Pittman LLP

Hurricane Harvey: Insurance Implications [Updated]

Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more

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