WARN Act, CARES Act, and Reductions in Force Litigation: Notice, Exceptions, Triggering Events, State Actions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with advice on potential employer discrimination claims related to enforcement of the Worker Adjustment and Retraining Notification Act (WARN Act) and reduction in force and how some states have intervened to modify notice requirements while the CARES Act failed to address the issue. The panel will examine how to best protect businesses from future claims by instituting proper workforce management in response to COVID-19, and help define what notice is required at this time and what constitutes a triggering event.
Outline
- WARN Act
- CARES Act employer provisions
- Reduction in force: historical trends
- Best practices for avoiding lawsuits
- Document the business justifications for the reduction
- Determine whether proposed termination decisions have a disparate impact on legally-protected groups
- Determine whether the WARN Act applies
- Determine wage and hour implications
- Decide whether to seek release agreements from terminated employees
- Best practices for defending lawsuits
- Affirmative defenses
- Class certification strategies
- Discovery strategies
- Settlement strategies
Benefits
The panel will review these and other vital questions:
- How has the COVID-19 economic downturn impacted employee layoffs?
- What does the CARES Act require related to employee termination?
- How do the WARN Act and some state suspensions of the WARN Act impact potential RIF litigation?
- What practice guidance can counsel offer employers in planning and implementing a RIF and avoid lawsuits after the layoffs?
- What strategies are effective for defending litigation against employers arising from RIFS gone awry?
Faculty
Esther G. Lander
Partner
Akin Gump Strauss Hauer & Feld
Ms. Lander’s practice focuses on complex employment discrimination suits, including claims of disparate impact... | Read More
Ms. Lander’s practice focuses on complex employment discrimination suits, including claims of disparate impact and testing discrimination, and Title VII and other enforcement actions involving government entities such as the EEOC, the DOJ, the DOL, and state and local governments. She also advises clients on class action wage and hour issues and provides counsel regarding all areas of employment law. Ms. Lander was formerly the principal deputy chief of the Employment Litigation Section within the Civil Rights Division of the DOJ.
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Nathan J. Oleson
Partner
Akin Gump Strauss Hauer & Feld
Mr. Oleson focuses on complex employment litigation and counseling. He has extensive experience advising employers on... | Read More
Mr. Oleson focuses on complex employment litigation and counseling. He has extensive experience advising employers on wage and hour and discrimination matters. Mr. Oleson represents professional sports associations in high-profile disputes with athletes and officials.
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