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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...more

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?...more

Workforce Reductions and Statistics: A Primer and Recommendations

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is...more

Warning to New York Employers: The NY WARN Act Now Requires WARN Notices be Sent to Additional Governmental Recipients

On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more

Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?

Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still...more

DOL Issues COVID-19 WARN Act Guidance

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

Furloughs and Other Temporary Responses to Coronavirus (COVID-19) Disruptions

Among the many issues employers are facing in the wake of the spread of the novel coronavirus (COVID-19) is the possibility of furloughs, temporary office and location closings, and short-term layoffs. A furlough involves...more

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