News & Analysis as of

Layoffs Employer Liability Issues WARN Act

BakerHostetler

Whether Buyer or Seller: Heed This WARNing

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One often forgotten consideration in many mergers and acquisitions is the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act). Whether you are a buyer or a seller, you should consider whether the WARN Act...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

DarrowEverett LLP on

Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...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

Jackson Lewis P.C.

WARN Act Issues to Navigate for the Restaurant Industry

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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...more

Maynard Nexsen

Compliance with WARN for Remote Workers

Maynard Nexsen on

Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at...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

CDF Labor Law LLP

Governor Newsom Unexpectedly Vetoes a Number of Pro-Employee/Pro-Union Bills

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Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise...more

Cooley LLP

New York State Amends Its WARN Act Regulations

Cooley LLP on

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

Hogan Lovells on

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

Genova Burns LLC

New York Employers Facing Mass Layoffs And Closures Must Comply With New Requirements Under The New York Worker Adjustment and...

Genova Burns LLC on

New York’s Worker Adjustment and Retraining Act (the NY WARN Act) requires New York employers with 50 or more employees to provide 90 days advance notice to those employees impacted by a mass layoff or business closure. New...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

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

CDF Labor Law LLP on

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

Kilpatrick on

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

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Must Give WARN Notice for Delay in Plant Closing

The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers to provide 60 days’ advance notice to employees of qualifying mass layoffs or plant closures. WARN regulations require that the notice...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

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times

With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...more

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