News & Analysis as of

WARN Act Department of Labor (DOL) Employer Liability Issues

Venable LLP

WARN-ing Bells Are Ringing: WARN Act Considerations in the Remote Work Era as Recession Threatens

Venable LLP on

​​​​​​​Another period of financial uncertainty is looming. Considering recent mass layoffs in the tech industry, rising inflation, and other economic challenges that are projected to surface during the coming months, savvy...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

Perkins Coie

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

Perkins Coie on

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

McGuireWoods LLP

Fourth Circuit Dismisses Novel Single-Employer Independent Contractor WARN Claim

McGuireWoods LLP on

In Pennington v. Fluor Corp., Nos. 21-1141, 21-1143, 2021 U.S. App. LEXIS 35307 (4th Cir. Nov. 30, 2021), the U.S. Court of Appeals for the Fourth Circuit recently dismissed a federal Worker Adjustment and Retraining...more

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

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

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Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

McAfee & Taft

COVID-19 and WARNings to employees about layoffs and closures

McAfee & Taft on

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

Troutman Pepper

Navigating Adapted Operations Advisory Series: Part Four – Continuing or Expanded Telework, Other Staffing Arrangements, and...

Troutman Pepper on

Who Needs to Know - Employers who are reopening (or have already reopened) and bringing employees back to their workplaces – or restructuring their workforces as a result of changing business conditions related to the...more

Foley & Lardner LLP

Beware of the Top 5 Employment Law Risks Due to COVID-19

Foley & Lardner LLP on

As employers struggle to continue their operations under the “new normal” of the COVID-19 pandemic, we are already seeing a number of lawsuits stemming from the pandemic.  The following is a summary of the key issues that are...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Maryland Employers To Soon Face Mandatory Notice Requirements Before Reductions In Force

Fisher Phillips on

Thanks to an impending new law, Maryland employers faced with large employee reductions will no longer be able to simply determine on their own whether to follow the state’s voluntary advance notification guidelines....more

Husch Blackwell LLP

Department Of Labor Issues Guidance On WARN Act Notices For Plant Closings And Mass Layoffs During COVID-19

Husch Blackwell LLP on

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

Epstein Becker & Green

The U.S. DOL Issues COVID-19 Related WARN Act FAQs

The COVID-19 pandemic and the efforts to limit its spread caused a sudden and dramatic shutdown of large sections of the U.S. economy. Governmental shelter in place orders requiring non-essential businesses to temporarily...more

Littler

DOL Issues COVID-19 WARN Act Guidance

Littler on

Over the weekend, the Department of Labor published Frequently Asked Questions (FAQs) addressing COVID-19 issues under the federal Worker Adjustment and Retraining Notification Act (WARN). The FAQs break little new legal...more

McGlinchey Stafford

Clarifying Wage Payments during COVID-19 Pandemic

McGlinchey Stafford on

Many businesses are being affected by forced closures or alternative operations to stop the spread of COVID-19. This is especially true in the entertainment and dining industry. With the government directives have also come...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Arnall Golden Gregory LLP

How Government Contractors Should Prepare for the Next Government Shutdown - A Five Point Plan

Congress has yet to pass a long-term spending bill for fiscal year 2018, relying instead on a series of short-term continuing resolutions to keep the Government open. Even after the most recent Government Shutdown which began...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

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

McGuireWoods LLP

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

McGuireWoods LLP on

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

Mintz - Employment, Labor & Benefits...

WARN Liability: Who’s in Control?

Last month, we wrote about Young v. Fortis Plastics, where an Indiana District Court found that a private equity firm could be on the hook for the WARN Act liabilities of one of its portfolio companies under the “single...more

Mintz - Employment, Labor & Benefits...

Who Should Hold the Bag for Employment Liabilities When the Portfolio Company Goes “Belly-Up”? The private equity firm, maybe.

In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping...more

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