WARN Act Compliance: Recent Federal Cases, Remote Work, State Law Requirements, Notice Exceptions, Defenses
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will advise employment counsel navigating the Worker Adjustment and Retraining Notification Act (WARN Act), related state law analogs, and workforce reductions (RIFs). The panel will discuss recent federal court cases and their impact on employers, including how remote employees are governed under the WARN Act. The panel will also address the legal issues for smaller employers considering layoffs.
Outline
- Introduction
- WARN Act
- Employee selection considerations
- Notice requirements
- Definitions
- Employer
- Exceptions
- Definitions
- Recent cases
- Remote workers
- Defenses
- Employer best practices
- Practitioner takeaways
Benefits
The panel will review these and other important topics:
- What are employer requirements under the WARN Act, and who is a qualifying employer?
- How are remote, temporarily laid-off employees, and independent contractors treated under the WARN Act?
- What employer defenses are available under the WARN Act?
- Besides disparate impact analysis, how should employers evaluate a major layoff? What considerations may be unique to small employers?
Faculty
Kathryn R. (Katy) Droumbakis
Attorney
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Ms. Droumbakis litigates employment disputes before state and federal courts and administrative agencies and... | Read More
Ms. Droumbakis litigates employment disputes before state and federal courts and administrative agencies and counsels clients on compliance with employment laws. She represents clients in disputes involving discrimination, wage and hour claims, and restrictive covenants. Ms. Droumbakis's practice also encompasses counseling clients on federal and state WARN Act compliance, employee handbooks, employment-related documents, and other employment and labor issues. She also has experience with complex commercial, professional liability, and real estate litigation.
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Daniel G. Prokott
Partner
Faegre Drinker Biddle & Reath
Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including... | Read More
Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott advises employers on: hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance; reviewing and drafting offer-of-employment letters and employee handbooks; preparing executive and sales compensation agreements; preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements; and best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act and Older Workers Benefits Protection Act, and compliance with the Worker Adjustment and Retraining Notification Act, among other matters.
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Jack A. Raisner
Founding Partner
Professor of Law, Tobin College of Business, St. John’s University
Practicing employment law since 1991, Prof. Raisner is the founding partner of Raisner Roupinian, LLP. He has litigated... | Read More
Practicing employment law since 1991, Prof. Raisner is the founding partner of Raisner Roupinian, LLP. He has litigated to victory in the U.S. Supreme Court the claims on behalf of a 2,000-member class of employees in Czyzewski v. Jevic Holding Corp. The Court’s decision stopped employers from using a practice in bankruptcy to avoid paying their employees’ earned wages and strengthened the rights of all priority creditors. He has litigated more than 100 WARN Act cases that have totaled over $100 million in settlements. Prof. Raisner has argued WARN Act appeals in the U.S. Court of Appeals in the Second, Third and Fifth Circuits, that have led to expanded employee protections for those laid off around the country. He helped craft New Jersey’s mandatory severance law, the nation’s first, and its WARN law – the most expansive in the country. He has worked on similar legislation introduced in the U.S. Senate and House of Representatives.
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