News & Analysis as of

Hiring & Firing WARN Act Layoff Notices

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

5 Key Multistate Considerations When Handling Reductions in Force

Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The New Jersey Mini-WARN Act Amendments - One Year Later

One year has passed since sweeping amendments to the New Jersey mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN) took effect on April 10, 2023. Mass layoff...more

Parker Poe Adams & Bernstein LLP

Private Equity Firm's De Facto Control Over Employer May Lead to Liability Over Termination Notices

As with many federal labor laws, the Worker Adjustment and Retraining Notification (WARN) Act imposes obligations on employers. In most situations, the employer is the entity listed on the employees’ W-2. However, in some...more

Cooley LLP

New York State Amends Its WARN Act Regulations

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At the end of June 2023, the New York Department of Labor (DOL) issued final amended regulations to the state’s Worker Adjustment and Retraining Notification (NY WARN) Act. The amendments, which are now effective, impose...more

Faegre Drinker Biddle & Reath LLP

New York State DOL Issues Amended WARN Regulations

The New York State Department of Labor (NYS DOL) amended its Worker Adjustment and Retraining Act (NY WARN) regulations, which took effect on June 21, 2023. Both NY WARN and its federal counterpart require covered businesses...more

Hogan Lovells

Effective June 21, 2023, the New York Mini-WARN Act became increasingly complex

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On June 21, 2023, the New York State Department of Labor amended the New York Worker Adjustment and Retraining Notification Act (NY Mini-WARN Act). The updated regulations took effect immediately....more

Carlton Fields

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

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In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

Bressler, Amery & Ross, P.C.

What Employers Need to Know about the Recently Enacted Amendments to the NJ WARN ACT

The New Jersey WARN Act (“NJ WARN Act”) generally imposes certain obligations on employers before conducting a mass layoff or plant closure. Back in January of 2020, New Jersey made several amendments to the NJ WARN Act;...more

Jones Day

Amended New York WARN Regulations Now in Effect

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The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more

Littler

WARNing: Amendments to the New York WARN Act Regulations are Now in Effect

Littler on

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some...more

Bond Schoeneck & King PLLC

Final New York WARN Regulations Issued

The New York State Department of Labor issued final regulations making certain changes and additions to long-existing regulations regarding the New York WARN Act. As we reported previously, the revisions update the...more

CDF Labor Law LLP

WARN Act Issues in Business Transactions and Restructurings

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These are strange economic times. Although some businesses do continue to grow by acquisition, we are seeing an increasing number of other businesses contracting and undergoing reductions in force, while still others are...more

Bond Schoeneck & King PLLC

Taking a Gamble: Plant Closings and Mass Layoffs Under the WARN Act

In a recent decision, the Second Circuit Court of Appeals overturned a district court’s ruling that an employer was not subject to the Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 (the WARN...more

Maynard Nexsen

WARN Act Considerations in an Uncertain Economy

Maynard Nexsen on

Jenny Craig is a well-known weight management and nutrition company. It recently announced it is going out of business after 40 years. More importantly for this update, though, is that Jenny Craig is also facing a class...more

Kilpatrick

New Jersey WARN Act Amendments Expanding Coverage and Employer Obligations Now Effective

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On January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and greatly expanded New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act” or “Act”). The...more

Polsinelli

WARN-ings May Be Required Before a RIF or Shut Down

Polsinelli on

Recent layoffs at several high profile companies, and the putative class actions filed in their wake, highlight the importance of legal compliance when making and effecting these difficult decisions....more

Dickinson Wright

Layoffs Require Careful Planning to Avoid Costly Lawsuits

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Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone....more

Jones Day

New Jersey WARN Act Amendments Expanding Coverage and Increasing Severance and Notice Requirements Now in Effect

Jones Day on

In Short - The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more

Bond Schoeneck & King PLLC

New York Proposes Update to WARN Act

On March 29, 2023, the New York Department of Labor announced a proposal to update the New York Worker Adjustment and Retraining Notification (NY WARN) Act regulations to provide clarification and conform to statutory changes...more

Akerman LLP - HR Defense

Handle With Care: Dealing With the Aftermath of Layoffs

Mass layoffs have been the topic of discussion in the technology industry over the last several months, with tens of thousands of employees laid off so far in 2023 alone. In many cases, the layoffs are tied to concerns...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Tech Layoff Boom: What Employers Need to Know About Federal and State WARN Act Triggers

With the recent proliferation of Big Tech layoffs in California, it may be time for employers doing business in California to revisit the requirements surrounding the federal and state layoff laws. Employers that are covered...more

Locke Lord LLP

WARN-ing Ahead: Key Considerations and Reminders for Employee Separations in 2023

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Given the current economic climate, employers may find themselves in the unfortunate position of needing to conduct a reduction in force or layoff in 2023. Before doing so, employers must consider and evaluate the impact of...more

Dorsey & Whitney LLP

Economic Downturn May Cause Spike in Litigation Arising From Reductions-in-Force

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With economists predicting a recession in the coming year, many employers are considering downsizing their operations. In planning for and implementing such reductions, employers should be aware of the risk of litigation...more

Locke Lord LLP

Significant Changes Are Coming to the ‎New Jersey WARN Act – ‎What Large Employers ‎Need to Know

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Most employers are generally familiar with the federal Worker Adjustment and Retraining Notification Act (“WARN”), which offers protection to workers by requiring employers to provide notice sixty (60) days in advance of...more

Troutman Pepper

You’ve Been Warned: Onerous Amendments to NJ Warn Act Take Effect April 10

Troutman Pepper on

On January 10, Governor Murphy signed Assembly Bill No. 4768, paving the way for a series of previously enacted amendments to New Jersey’s WARN Act, N.J.S.A. 34:21-1, et seq., (“NJ WARN Act” or the “Act”) to finally take...more

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