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Employment Law Now IV-60- WARN Act Considerations With The Coronavirus Pandemic
Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted...more
In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more
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
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
On January 10, 2023, Gov. Phil Murphy signed a substantial new version of New Jersey’s Worker Adjustment and Retraining Notification Act (WARN Act), which will take effect in 90 days. The amended New Jersey WARN Act imposes...more
Layoffs often accompany corporate bankruptcy, and employers should be aware of the legal obligations that impact mass layoffs and plant closures. Most notably, the federal WARN Act requires employers to notify the workforce...more
A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act (WARN...more
On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”). The Amendment significantly expands the governmental entities...more
Under an amendment to the New York Worker Adjustment and Retraining Notification (“WARN”) Act, employers in New York state carrying out certain large layoffs or site closings will have to provide advance notice to a broader...more
The Department of Labor (DOL) recently issued guidelines on the federal Worker Adjustment and Retraining Notification (WARN) Act as a result of pandemic-related employee furloughs and layoffs. As employers develop...more
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing...more
The New Jersey Legislature has passed a bill to amend the Millville-Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARN law) to create a notice exception for mass layoffs under specific circumstances and delay...more
The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations,...more
Latest update on 09.21.2021 Emergency declarations – including a California state-wide stay at home order – and a variety of executive and health orders issued from federal, state, county, and city authorities in response to...more
The coronavirus pandemic has already had a massive impact on businesses. Many companies have announced layoffs, furloughs, or unpaid leaves of absence....more
On March 24, 2020, Harris County Judge Lina Hidalgo issued a shelter-in-place order (the “Order”) for individuals residing in Harris County, Texas. The Order, issued to slow the spread of the virus that causes 2019...more
As part of a flurry of employment-related laws enacted over the past two years in New Jersey, a recent amendment to the Millville Dallas Airmotive Plant Job Loss Notification Act (commonly known as the New Jersey WARN Act)...more
The federal Worker Adjustment and Retraining Notification Act (“WARN”) requires covered employers to provide advance notice of “plant closings” and “mass layoffs” that resulting in an “employment loss” at a single site of...more
The State of Illinois has taken strong measures to mitigate the spread of the coronavirus. Recognizing the impact of the coronavirus on the State of Illinois, on March 20, 2020, the Governor issued Executive Order 2020-10...more
The last week brought a wave of unprecedented government orders for non-essential businesses to close and people to stay at home. These orders have forced many employers to lay off or furlough large portions of their...more
On March 23, 2020, Washington State Governor Jay Inslee signed the Stay Home – Stay Healthy Order (Proclamation 20-25, the “Order,” linked here) directing Washingtonians to shelter in place. The Order follows similar state...more
The COVID-19 pandemic has no doubt caused widespread economic upheaval. In particular, state and local governments across the country have ordered restaurants and bars and other non-essential businesses to close. With little...more
Employers considering reducing their workforce, months-long furloughs or reducing employee work hours during this trying time should consider the federal WARN Act (Worker Adjustment and Retraining Notification Act) before...more
The economic repercussions of COVID-19 have been immediate and in many cases, debilitating, to American business across all industries, from food & beverage to manufacturing to healthcare. Challenges faced include...more
By way of Executive Order, California Governor Gavin Newsom suspended, until the end of the COVID-19 emergency, enforcement of the state’s WARN Act in connection with mass layoffs or shutdowns caused by COVID-19, and which...more