WARN Act

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On December 19, 2022, the New Jersey Legislature passed a bill that, if signed by Governor Phil Murphy, would amend the effective date of amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”) that were originally passed in January of 2020. Those amendments were previously paused as a result of the COVID-19 pandemic, and under that pause would take effect 90 days after Governor Murphy’s Executive Order No. 103 expired. Because Executive Order No. 103 remains in effect, without any indication of when it may expire, the New Jersey Legislature passed this bill to set an effective date of such NJ WARN amendments.Continue Reading New Jersey Legislature Passes Bill to Set the Effective Date of Amendments to the New Jersey WARN Act

On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”).  The Amendment significantly expands the governmental entities that an employer must notify concerning a NY-WARN triggering event, such as a mass layoff, plant closing, reduction in hours, or relocation.
Continue Reading New York State Amends WARN Act to Require Additional Notifications

On April 14th New Jersey Governor Phil Murphy signed Senate Bill 2353 into law. The law delays the application date of the New Jersey WARN amendments passed earlier this year and removes mass layoffs due to COVID-19 from coverage under the statute.
Continue Reading New Jersey Gives Employers a Break on New WARN Requirements Due to COVID-19

The Workers Adjustment and Retaining Notification (WARN) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, “unforeseeable business circumstances.”
Continue Reading States May Have Additional Layoff Notice Requirements Under “Mini-WARN” Statutes

Beginning on February 1, 2009, New York employers will not only have to make sure that they are in compliance with the Federal Worker Adjustment and Retraining Notification Act (“Federal WARN Act”), but they will also have to make sure that they are in compliance with New York’s Worker Adjustment and Retraining Notification Act (“NY WARN Act”).Continue Reading New York WARN Act Goes Into Effect On February 1, 2009

On December 12, 2005, in MacIsaac v. Waste Mgmt. Collection & Recycling, Inc. (2005) __ Cal.App.4th __, 2005 Cal. App. LEXIS 1905, the First District Court of Appeal issued the first appellate opinion construing the California’s “WARN” Act. The California Worker Adjustment and Retraining Notification Act, Labor Code § 1400, et seq., took effect on January 1, 2003, and prohibits an employer from, inter alia, ordering a “mass layoff” of 50 or more employees during a 30-day period unless the employer gives 60 days’ notice to the affected employees and various governmental entities. MacIsaac considered the question of whether there has been a “mass layoff” within the meaning of the California WARN Act where employees are transferred seamlessly from one employer to another, performing the same work for the same pay and benefits. In an opinion upholding the trial court’s grant of summary judgment for the defendant employer, the MacIsaac panel determined that in such circumstances there was no “mass layoff” triggering the notice requirements of the California WARN Act. Id., at *1-2.
Continue Reading New Decision Finds California WARN Act Does Not Apply To Seamless Transfer Of Employees To Same Positions With New Employer