Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted across the country. Therefore, restaurants should be mindful of the various ways that the WARN Act can be triggered and plan accordingly.
Articles Discussing WARN, The Worker Adjustment And Retraining Notification Act.
Compliance with WARN for Remote Workers
WARN Act Issues in Business Transactions and Restructurings
By: WARN Act Issues in Business Transactions and Restructurings
This post commences CDF’s new monthly series from the Business Transactions and Restructurings Group, highlighting labor and employment issues that can arise in business deals.
These are strange economic times. Although some businesses do continue to grow by acquisition, we
WARN Act Considerations in an Uncertain Economy
The Year Ahead in RIF/WARN Issues in the Current Economy
In what is likely the busiest time for workforce reductions since the pandemic began, employers should engage in longer-term, strategic thinking about how to adjust staffing levels. Jackson Lewis principals Michael Jakowsky and Isaac J. Burker offer best practices for WARN and disparate impact analyses.
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, Inc., No. 21-20202 (June 15, 2022), that a mass layoff resulting in part from the economic
COVID-19 Pandemic is Not a ‘Natural Disaster’ Under WARN Act, Federal Appeals Court Holds
Is the COVID-19 pandemic a “natural disaster” for purposes of the notice exception of the Worker Adjustment and Retraining Notification (WARN) Act?
The Hazards of Remote Employee Layoffs: Wage and Hour Issues, Severance Agreements, and Unemployment Claims
Remote work has exploded since the COVID-19 pandemic began, with some employers hiring employees to work remotely anywhere in the United States. With the recent economic downturn, layoffs are beginning to occur, and for the first time a significant number of remote employees may be included in layoffs. Layoffs of
Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements
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 mass layoffs and plant closures under the WARN Act. The court also
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. With remote workers, employers have had to alter the ways they recruit, pay, manage, and even discharge employees.
Fourth Circuit Provides Guidance on How to Count Affected Employees Under WARN Act
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 Act), the U.S. Court of Appeals for the Fourth Circuit has held. Schmidt v. FCI Enters. LLC, Nos. 19-02384, 20-01076 (June 24, 2021).
Emily Borna Discusses WARN Act Claims Related to COVID-19
Emily Borna discusses the prospective litigation implications of class action claims brought under the WARN Act regarding notice requirements for layoffs related to the COVID-19 pandemic in “Covid as Natural Disaster? Courts to Decide WARN Act Defense,” published by Bloomberg Law.
WARNing Signs When Building Your Post-Pandemic Workforce
Beginning with the onset of the pandemic in March 2020, employers were left with little choice but to make tough decisions about the size and composition of their workforce. In many cases, employers were forced to shutter operations entirely.
Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?
Dear Littler: We are planning a layoff that will involve many of our employees who are working remotely during the pandemic. How do we decide who works at a particular location for WARN counting purposes?
—Counting in Columbus
Dear Counting,
Under WARN, and Beyond? Massachusetts High Court Holds That Failure To Pay A “Back Pay” Award Does Not Give Rise To Wage Act Liability
It is an entrepreneur’s nightmare. The company you struggled to create goes out of business due to a lack of financing. As the company goes under, the employees sue. Out of money, the company does not defend itself in court and a multi-million dollar default judgment gets entered against it. When the company can’t pay the judgment, the former employees sue you individually. They argue that the company’s failure to pay the “back pay” judgment constitutes a violation of the Massachusetts Wage Act, M.G.L. c. 149, § 148, which imposes individual liability on certain corporate officers. The employees now seek to hold you individually liable for the whole judgment, plus treble damages and attorneys’ fees.