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Article Index » warn and worker dislocation » general
Report Link WARN Act Implications of Transactions Affecting Multiple Facilities or Mobile Workers.
Buchanan Ingersoll & Rooney PC - January 11, 2008
Corporate transactions involving multiple locations and/or employees who regularly travel or regularly work outside of a fixed office can present complicated issues under the Worker Adjustment and Retraining Notification Act (WARN Act). A recent decision by the Court of Appeals for the Fourth Circuit, Meson v. GATX Technology Services Corp., No. 06-1942 (November 16, 2007), highlights this problem.
Report Link WARN Act Protects Entitlement to Compensation, Not Work, Fourth Circuit Rules.
Jackson Lewis LLP - November 21, 2007
Faced with a relatively common sale-of-business scenario, the United States Fourth Circuit Court of Appeals in Richmond has ruled that a sporting goods manufacturer did not violate the Worker Adjustment and Retraining Notification ("WARN") Act when it shut down a facility, provided 60 days of notice to affected employees, told employees not to report to work and continued to provide pay and benefits during the next 60 days to all but 22 of the plant's 350 employees.
Report Link Construction Workers’ WARN Act Claims Denied: Site of Employment Was Actual Construction Site, not Corporate Headquarters.
Ford & Harrison LLP - September 14, 2007
The Ninth Circuit recently affirmed the decision of a federal trial court denying former construction workers’ claims that their termination violated the Worker Adjustment and Retraining Notification (WARN) Act. The Court held that the workers were not covered by WARN because they did not demonstrate that 50 or more laid-off employees worked at a single site of employment.
Report Link Intended Sale of Business No Defense to WARN Act Violation.
Jackson Lewis LLP - April 24, 2007
The WARN Act requires 60 days notice before terminating employees due to a plant closing.
Report Link Worker Adjustment and Retraining Notification ("WARN") Act Liability And Entrepreneurial Companies (pdf).
Nexsen Pruet - May 12, 2006
Recent court decisions involving Carolinas employers have broadened potential liability exposure for venture capital and private equity firms involved with entrepreneurial companies. Specifically, the recent decisions have expanded scenarios in which venture capital and private equity firms may be considered “joint employers” with the companies in which they make equity investments. As a result, the equity investors may be liable under the Worker Adjustment and Retraining Notification (“WARN”) Act and other employment laws to employees of their portfolio companies.
Report Link "WARN Watch--Employers Laying Off Workers Must Follow Notice Requirements"
Ballard Rosenberg Golper & Savitt - November 29, 2001
Employers contemplating facility closings or reductions in force as a means of coping with the current business downturn must be aware of their legal obligations under the federal Worker Adjustment and Retraining Notification Act ("WARN"), 29 U.S.C. Sections 2101, et seq., and interpretative regulations promulgated by the U.S. Department of Labor, 29 C.F.R. 639.1-10.
Report Link Mass Layoffs and Plant Closings: A WARN Act Refresher [PDF File].
Kilpatrick Stockton LLP - September 01, 2001
The economic fallout from the September 11 terrorist attacks has forced many companies to consider layoffs and, in some instances, a complete shutdown of operations. In light of this situation, the Labor and Employment Group has prepared this Legal Alert, which addresses the requirements for advance notice of plant closings and mass layoffs and discusses the possibility that the terrorist attacks may justify reduced notice of such force reductions.
Report Link The Worker Adjustment and Retraining Notification Act: A Guide to Advance Notice of Closings and Layoffs.
Department of Labor - (No Date)
DOL ETA's fact sheet on WARN.
Report Link Compliance Assistance — Worker Adjustment and Retraining Notification Act (WARN)
Department of Labor - (No Date)
DOL's compliance assistance page for WARN.

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