Following Elon Musk’s takeover of Twitter, about half of the workforce at the social media company was terminated through sweeping company-wide layoffs. However, these abrupt layoffs are now being challenged in court by former employees at Twitter who alleged that they did not receive proper notice of their termination. In
Articles Discussing General Issues Under WARN.
Big Tech Layoffs: What To Do Now
The Big Tech industry is known for its fast pace, bold moves, and proclivity for taking on risk. Sometimes optimistic investments pay off for investors, and other times, companies are left to make up for them with layoffs and cost-cutting.
While technology companies in particular thrived during the pandemic’s era
Big Win for Employees: 5th Circuit Rules that COVID-19 Is Not a Natural Disaster Under WARN Act
It’s hard for anyone to forget the chaos of March 2020. The initial onset of the COVID-19 pandemic led to all kinds of panic, including mass layoffs from thousands of companies and near-record unemployment. According to federal law, certain employers are required to provide 60 days advance notice to
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
Tesla Sued for Laying Off ‘Thousands’ Without Proper Notice
Last week, two former Tesla employees filed a class-action lawsuit against Tesla, accusing the electric automaker of laying off “thousands” of workers without issuing the federally required notice.
“Zero Days Advance Notice” For Layoffs
Under the Worker Adjustment and Retraining Notification Act (WARN Act), employers are required to provide
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
Used Car Retailer Carvana Fuels Panic with 2,500 Layoffs
Last month, online used-car retailer Carvana cut 12% of its workforce in a mass layoff of 2,500 employees. Many of the impacted workers were let go via Zoom, recalling an incident from last December during which Better.com fired over 900 employees in similar fashion.
Aftermath of the Mass Layoff
Remote Workers Earn Ensured Protection with WARN Act
Since March 2020, companies have faced unique challenges in deciding how to manage cohorts of employees under shifting global forces. Some major companies, struggling to keep up with supply-chain issues and economic downturns, chose to lay off mass numbers of their workers. Other businesses adapted to the new pandemic-posed hurdles
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,
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