News & Analysis as of

Layoffs Department of Labor (DOL) Employer Liability Issues

Warner Norcross + Judd

Key Update on WARN Act: Bankruptcy Court Limits Employer Liability in Mass Layoffs

The Federal Worker Adjustment Retraining Notification (WARN) Act requires employers to give workers 60 days’ written notice of a plant closing or mass termination. In the latest update to an important case interpreting the...more

Bradley Arant Boult Cummings LLP

I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute

The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Kaufman & Canoles on

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Kaufman & Canoles

[Event] 40th Annual Employment Law Update - July 16th, Hampton, VA

Kaufman & Canoles on

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...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

Jones Day

Liquidating Chapter 11 Debtor Excused from Providing WARN Act Notification of Employee Layoffs Due to Pandemic Natural Disaster

Jones Day on

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

Foley & Lardner LLP

New California Law Requires Employers to Offer Jobs to Previously Laid-Off Employees

Foley & Lardner LLP on

On April 16, 2021, California Gov. Gavin Newsom signed Senate Bill 93 into law. The law requires employers to offer open job positions to employees who were previously laid off due to COVID-19-related reasons and adds records...more

Jackson Lewis P.C.

COVID-19 Pandemic New Year: What Employers Should Know

Jackson Lewis P.C. on

The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by...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

Foley Hoag LLP

U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations

Foley Hoag LLP on

Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL)...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

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Catch 22 - Potential Nonimmigrant Visa Issues Employers Should be Aware of Due to Furloughs and Shut Downs as a...

What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in...more

Faegre Drinker Biddle & Reath LLP

Beware the Snake in the Grass: COBRA Election Notice Considerations During The COVID-19 Pandemic

With most of the nation on lockdown due to the COVID-19 pandemic, many employers are in the unfortunate position of having to lay off workers or significantly reduce their hours. If these workers also lose employer-sponsored...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

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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

Jones Day

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

Jones Day on

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

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

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