News & Analysis as of

WARN Act Natural Disasters

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

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more

Foley & Lardner LLP

Natural Disasters Affect Employers, Too

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Natural disasters such as wildfires in Maui, Hurricane Idalia, flooding in California, and excessive heat almost everywhere have taken a real human toll over the past few months. As the end of summer approaches, many...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

Lowenstein Sandler LLP

New Jersey Passes Significant Amendments to WARN Act

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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

Foley & Lardner LLP

Court Rules that COVID is Not a Natural Disaster Under the WARN Act

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Is COVID a “natural disaster” under the WARN Act? It is common knowledge that the COVID pandemic has forced many employers to furlough or lay off employees. Some operations were closed altogether, while other companies...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

Jackson Lewis P.C.

COVID-19 Pandemic is Not a ‘Natural Disaster’ Under WARN Act, Federal Appeals Court Holds

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Is the COVID-19 pandemic a “natural disaster” for purposes of the notice exception of the Worker Adjustment and Retraining Notification (WARN) Act? “No,” says the first federal appeals court to rule on the issue....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

Littler

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

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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

Foley & Lardner LLP

Is COVID a “Natural Disaster” Under the WARN Act?

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As manufacturing employers are well aware, the COVID pandemic has forced many employers to furlough or layoff employees. Some operations were closed altogether, while others furloughed employees for various periods of time....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

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

Lowndes

Weathering an Employer's Duties During the Storm

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Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to make landfall in the U.S....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

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

Saul Ewing LLP

Federal Court Sheds Light on “Unforeseeable Business Circumstances” Exception to WARN Act Notice Requirements

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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

Bressler, Amery & Ross, P.C.

Federal District Court Rejects Employer’s Attempt to Rely on Covid-19 Pandemic as “Natural Disaster” or “Unforeseeable Business...

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

Cole Schotz

WARN Act Update: Amount Of Notice Provided For Pandemic-Related Mass Layoffs Subject To Close Judicial Scrutiny

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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

Littler

Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

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In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more

Zuckerman Spaeder LLP

A WARNing for Employers: When Conducting Layoffs, Know This Law

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

Littler

As the Gulf Coast Waits for Tropical Storm Barry, How Can Employers Prepare?

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Residents and employers along the Gulf of Mexico are watching carefully as Tropical Storm Barry approaches New Orleans, expecting to make landfall sometime this weekend. While the storm may not develop into a strong...more

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

Hurricane Michael Relief: Resources for Employers and Workers

As employers attempt to keep their businesses running and give their employees the time necessary to deal with the devastating impact of Hurricane Michael, employers should not disregard the significant employment laws that...more

Littler

Employers Brace for Hurricane Michael and Its Aftermath

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This hurricane season has been chaos for those along the East Coast. Less than a month after Hurricane Florence rampaged through the Carolinas, Hurricane Michael—a category 4 storm—has made landfall in Florida, and is headed...more

Littler

Hurricane Florence Approaches – What Can Employers Anticipate?

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Hurricane Florence shows no sign of relenting as it barrels toward Virginia and the Carolinas. Forecasters are currently considering Florence a category 4 storm, which could strengthen by the time it makes landfall later this...more

Littler

New California Wildfires a Reminder of Employer Obligations

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In what has unfortunately become a more frequent occurrence, another surge of wildfires is devastating large swaths of California. The Carr Fire in Shasta County has reportedly destroyed more than 150,000 acres, razed over...more

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