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In Re: APA Transport Corp. Consolidated Litigation, No. 07-1050, 07-1051, 07-1052 (3d Cir. 2008)

Articles Discussing Case:

Third Circuit Clarifies the “Faltering Company” Exception to Notice Requirements of the WARN Act.

Ogletree Deakins • September 11, 2008
The purpose of the Worker Adjustment and Retraining Notification (WARN) Act is to protect workers by requiring advance notice of plant closings. Such notice allows workers some time to adjust to the prospective loss of employment, and to seek other jobs or retraining. The WARN Act requires generally 60 days’ written notice before a closing or mass layoff by covered employers (typically, those with at least 100 full-time employees at a site). Companies that violate the Act are liable for back pay and benefits for each day that the required notice is not provided, up to the 60 day maximum.