Statute
WARN Act
209 published works
Texas Employment Law Update
Fifth Circuit Affirms Summary Judgment For Drilling Company in WARN Case
With the drop oil prices several years ago, many energy companies conducted reductions in force. Some of those headcount reductions triggered litigation under the Worker Adjustment and Retraining Notification Act (WARN). …
Labor Days
The ‘Faltering Company’ and ‘Unforeseen Business Circumstances’ Exceptions Under The WARN Act
By Kelley Drye
Under the federal WARN Act, companies that maintain a facility with 100 or more full-time employees are required to provide no less than 60 days’ written notice to employees affected by…
Employment & Labor
U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy
By Christopher M. Cascino and Gerald L. Maatman, Jr. Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before…
Hiring To Firing Law Blog
Layoffs and Business Closures: What to Consider Before Taking Action
Q: Unfortunately, I need to lay off some employees, and possibly close my business. What steps do I need to take to ensure I am in compliance with legal obligations?…
Employment & Labor
The WARN Act Sale of Business Exception: 8th Circuit Rules on Corporate Transactions
Our colleague Marc A. Mandelman, a Member of the Firm at Epstein Becker Green, has a post on the Financial Services Employment Law blog that will be of interest to many…
Workforce Bulletin
8th Circuit Rules Parties to Corporate Transactions Cannot Contract Around the WARN Act Sale of Business Exception
In a rare case interpreting the Worker Adjustment and Retraining Notification (“WARN”) Act “sale of business” exception, the U.S. Court of Appeals for the 8th Circuit recently held in Day…
Minnesota Wage & Hour
8th Circuit Holds That A Buyer In An Asset Purchase May Be Liable Under the WARN Act For the Seller’s Failure to Provide Advance Notice of Mass Layoff
When isn't an asset purchase an asset purchase? When the purchase of the assets are intended to run the business as a going concern. So said the Eighth Circuit Court…
Global Workplace Insider
Notice rights – what rights do employees have to notice of termination of employment in the US?
Employees in the United States are generally considered employed at-will in most jurisdictions, meaning that either the employee or the employer can terminate the relationship at any time, for any…
Delaware Bankruptcy Update
Guernsey Dairy Opinion – Allowing WARN Claims to Arise May Breach a Director’s Duty
Summary In a 6 page decision denying a motion to dismiss, released September 21, 2015, Judge Gross of the Delaware Bankruptcy Court considered the legal argument of whether a bankruptcy…
Delaware Bankruptcy Update
Corinthian Colleges, Inc. – Warn Class Action Lawsuit Filed
On May 5, 2015, Outten & Golden LLP and Loizides, P.A. filed a class action adversary proceeding complaint for violation of the WARN Act in the Corinthian Colleges bankruptcy. The…