News & Analysis as of

WARN Act Layoffs Corporate Counsel

CDF Labor Law LLP

Governor Newsom Unexpectedly Vetoes a Number of Pro-Employee/Pro-Union Bills

CDF Labor Law LLP on

Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise...more

Proskauer - Law and the Workplace

New York State Department of Labor Releases Updated NYS WARN Act Regulations

The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’...more

Littler

WARNing: Amendments to the New York WARN Act Regulations are Now in Effect

Littler on

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some...more

Bond Schoeneck & King PLLC

Taking a Gamble: Plant Closings and Mass Layoffs Under the WARN Act

In a recent decision, the Second Circuit Court of Appeals overturned a district court’s ruling that an employer was not subject to the Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 (the WARN...more

Littler

Signed, Sealed, Delivered: New Jersey Implements Long-Delayed Landmark WARN Law

Littler on

On January 10, 2023, Governor Philip D. Murphy signed into law S3162 / A4768, which makes the 2020 amendments to NJ WARN effective 90 days from his signature, irrespective of whether a State of Emergency still exists....more

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

Uncertain Economy Could Raise Reduction in Force Issues for Many Businesses

With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that...more

Polsinelli

Employers Beware: Risks with Reductions in Force Involving a Remote Workforce

Polsinelli on

​​​​​​​Employers considering a reduction in force involving remote workers may be subject to the Worker Adjustment and Retraining Notification Act (the “WARN Act”) (29 U.S.C. §2100 et. seq.) and corresponding state...more

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

Littler

Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

Littler on

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

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

Sherman & Howard L.L.C.

Remote Employees May Bring Class Action for WARN Act Claim

In Piron et al. v. General Dynamic Information Technology, Inc., Case 3:19-cv-00709-REP, the United Stated District Court for the Eastern District of Virginia, granted class certification for a Worker Adjustment and...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

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

Jackson Lewis P.C.

Fourth Circuit Provides Guidance On How To Count Affected Employees Under WARN Act

Jackson Lewis P.C. on

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

Parker Poe Adams & Bernstein LLP

Under WARN Act, Fourth Circuit Says the Key Employee Count Is 60 Days Before Layoffs

The Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to provide employees with 60 days’ advance notice of a facility closing or mass layoff. However, WARN only applies to companies with at...more

Greenbaum, Rowe, Smith & Davis LLP

Recent Federal District Court Ruling Provides Insight Into How WARN Act May Apply To COVID-Related Workforce Cuts

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to their workforce in the event of a qualified plant closing or mass layoff. With certain...more

Littler

Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients

Littler on

On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more

Bond Schoeneck & King PLLC

Employers Likely to Face a Wave of COVID-19 Class Action Litigation

As the ongoing COVID-19 pandemic continues to drastically impact the U.S., class action lawsuits have been on the rise. Despite court closures, class action filings have increased and are expected to continue. ...more

Akerman LLP - HR Defense

Longer Than Expected Layoffs May Trigger Notice Requirements

Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching....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

Faegre Drinker Biddle & Reath LLP

Coronavirus Lawsuits on the Horizon: Termination and Discrimination

As the COVID-19 pandemic spread throughout the country, many employers responded to this unprecedented and uncertain situation by furloughing and laying off some or all of their workforce. These actions already have spurred...more

Fisher Phillips

Fair WARNing: COVID-19 WARN Act Class Action Filed Against Hooters

Fisher Phillips on

It took less than a month for the plaintiffs’ bar to seize upon what is likely to be the first of many COVID-19-related class action lawsuits alleging violations of the Worker Adjustment and Retraining Notification Act, also...more

Proskauer - Law and the Workplace

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day...more

Ervin Cohen & Jessup LLP

Coronavirus And The Magic of The Furlough

As employers struggle to cope with the impact of coronavirus 2019 (COVID-19), we have encountered a surprising number of employers who have been led to believe that a “furlough” is an employer option that can be implemented...more

Littler

Furloughs and Other Temporary Responses to Coronavirus (COVID-19) Disruptions

Littler on

Among the many issues employers are facing in the wake of the spread of the novel coronavirus (COVID-19) is the possibility of furloughs, temporary office and location closings, and short-term layoffs. A furlough involves...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide