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