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WARN Act Employment Litigation

Payne & Fears

[Webinar] Looking Forward to 2024: California Employment Laws - December 1st, 12:00 pm - 1:00 pm PST

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Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to paid sick leave, CalWARN notice...more

Amundsen Davis LLC

As Talk of the Economy Cooling Persists, Employers are Reducing their Workforces

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As talk of an economic slowdown persists, so have the number of layoff an- nouncements hitting the news. While the last quarter of 2022 saw the technology and financial sectors lay off thousands of workers, in 2023, this...more

Carlton Fields

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

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In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Must Give WARN Notice for Delay in Plant Closing

The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers to provide 60 days’ advance notice to employees of qualifying mass layoffs or plant closures. WARN regulations require that the notice...more

Proskauer Rose LLP

Managing Legal and Reputational Risks When Right-Sizing Your Workforce

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Reductions in force can help lower your company’s operating expenses, but if not undertaken with empathy, they might have the opposite effect. The “Great Resignation” has left a general scarcity of employees in the labor...more

Foley & Lardner LLP

What Should Employers Consider If Conducting Layoffs?

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It is a badly-kept secret that the U.S. economy is facing challenges – inflation, increased interest rates, increased labor costs, decreased business growth, etc. One option for businesses during an economic downturn is...more

Dentons

Frequently Asked WARN Act Notice Questions

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The WARN Act requires businesses to give employees notice of a large-scale layoff. Who receives the notice and when can be confusing. Here are three common questions about WARN notices....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

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

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more

Dorsey & Whitney LLP

Coronavirus Lawsuits More Than Double In 2021; Those Against Healthcare Providers Steadily Increase

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Despite widespread vaccine availability and the corresponding optimism about returning to “normal,” the coronavirus pandemic continues to spawn hundreds of employment and health-related lawsuits. Many of these lawsuits have...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

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

COVID-19–Related Employment Litigation: How It Started...How It’s Going

Over 2,500 COVID-19–related employment lawsuits were filed in the United States in 2020. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these...more

Steptoe & Johnson PLLC

WARN Act COVID-19 Lawsuits on the Rise

Recently, the attorneys responsible for filing a much-publicized Florida class action against Enterprise Rental Car alleging violations of the Worker Adjustment and Retraining Notification Act (“WARN”) struck again; this time...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

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

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

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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

Mintz - Bankruptcy & Restructuring Viewpoints

Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection

Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues...more

Fisher Phillips

A New Wave Of COVID-19 Class Action Lawsuits Begins In California

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Several former employees of a national restaurant chain filed a class action lawsuit claiming their former restaurant employer violated California’s WARN Act by furloughing workers in March without providing 60 days of notice...more

Jones Day

Avoiding Pandemic-Related Employment Litigation and Disputes

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Employers navigating the coronavirus (COVID-19) pandemic cannot ignore the threat of labor and employment claims that may arise from the crisis. Indeed, a steady stream of pandemic-related lawsuits have already been filed,...more

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