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The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
As most informed employers and their counsel know, the federal WARN Act requires companies that maintain a facility of 100 or more full-time employees to provide no less than 60 days’ written notice to employees affected by a mass layoff or facility closure. Failure to provide such notice creates significant exposure — back pay and benefits for each employee for each day that the notice is not provided, in addition to possible civil penalties. Moreover, because the statutes necessarily involve a large number of similarly situated employees, judges often find WARN claims suitable for class certification.
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By Robert G. Brody and Alexander Friedman
President Trump had an eventful first year in the labor and employment arena. With his first year in office now wrapping up, this is a perfect time to look back at how the Trump Administration's policies have shaped labor and employment law issues at both the federal and state level, and where we expect to go in 2018.
By David Gialanella
A federal appeals court offered a clear rule earlier in 2017, in holding that employees must be paid for breaks lasting 20 minutes or less, but private suits on that issue have been few, and appear poised to remain so, practitioners say.
By Erin Mulvaney
How can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
By Shane G. Ramsey and David M. Barnes, Jr.
When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.