Law and the Workplace

Category Archives: Workplace Restructuring and WARN

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New York State Department of Labor Releases Updated NYS WARN Act Regulations

By Evandro Gigante, Arielle E. Kobetz and Hannah Morris on Posted in Workplace Restructuring and WARN
The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’ advance notice in the event of plant closings, mass layoffs, relocations, or reductions in work hours.  The updated regulations, which took … Continue Reading

Second Circuit Vacates Ruling on WARN Act Notice Claims

By Evandro Gigante and Dakota D. Treece on Posted in Workplace Restructuring and WARN
On May 15, 2023, the Second Circuit vacated the entry of summary judgment on Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 et seq. (collectively, the “WARN Acts”) claims, holding that a reasonable factfinder could conclude that a buffet restaurant operating inside of a casino was considered an operating unit … Continue Reading

New Jersey Employers be Warned: Changes to New Jersey WARN Likely on the Horizon

By Evandro Gigante, Noa Baddish and Abigail Rosenblum on Posted in Workplace Restructuring and WARN
***UPDATE: On January 10, 2023, New Jersey Governor Phil Murphy signed into law the bill severing the effective date of the NJ WARN Act amendments from EO 103.  The NJ WARN Act Amendments will go into effect on April 10, 2023 (ninety days after the Governor signed the Bill).*** Almost three years ago – in … Continue Reading

EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures

By Evandro Gigante and Scott Tan on Posted in Workplace Restructuring and WARN
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be included in disclosures required to waive age discrimination claims under the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers … Continue Reading

Maryland Employers: New Employment Laws Become Effective October 1, 2020

By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures, Workplace Restructuring and WARN
As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise the state’s mini-WARN act.  These laws will take effect on October 1, 2020.  For more detail on the new laws, see our original … Continue Reading

New Jersey Excludes COVID-19 Layoffs from State WARN Law and Delays Effective Date of Pending Amendments

By Austin McLeod, Evandro Gigante and Noa Baddish on Posted in Coronavirus, Workplace Restructuring and WARN
On April 14, 2020, Governor Phil Murphy signed into law two amendments to the New Jersey WARN Act (the “NJ WARN Act” or the “Act”) that alleviate some of the burdens the Act and  certain pending amendments placed on New Jersey employers during the COVID-19 public health emergency. COVID-19 Mass Layoffs Excluded:  Unlike the federal … Continue Reading

COVID-19: Navigating WARN Act Issues During These Uncertain Times

By Guy Brenner, Joseph Baumgarten, Jurate Schwartz, Nayirie K. Mehdikhani and Steven J. Pearlman on Posted in Coronavirus, Workplace Restructuring and WARN
COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be … Continue Reading

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

By Nicole Eichberger, Samantha Shear and Steven J. Pearlman on Posted in Coronavirus, Workplace Restructuring and WARN
On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day notice requirement of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). On February … Continue Reading

Mandatory Severance Pay for Mass Layoffs Looms in New Jersey

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Workplace Restructuring and WARN
UPDATE – on January 21, 2020, Governor Phil Murphy signed the bill into law.  It will take effect in 180 days (i.e., on July 19, 2020). The New Jersey Senate has passed a bill (S.3170) that would amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, more commonly referred to as the … Continue Reading

[Podcast]: Reductions in Force

By Evandro Gigante and Harris Mufson on Posted in The Proskauer Brief Podcast, Workplace Restructuring and WARN
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force.  Companies that make a business decision to reduce its staffing should consider what goals they are looking to achieve. Is it cost reduction or a consolidation of positions?  Or is it to weed out lower performing employees?  … Continue Reading

[Podcast]: Reduction in Force (RIFs) Trends in the Financial Services Industry

By Patrick Lamparello and Steven Hurd on Posted in The Proskauer Brief Podcast, Workplace Restructuring and WARN
In this episode of the Proskauer Brief, partners Steven Hurd and Patrick Lamparello discuss recent trends in reductions in force (RIFs) in financial services and some of the main reasons employers are engaging in them. These include automation of jobs or other technological developments, cost reductions, investor preferences, employee redistributions, and even Brexit has been … Continue Reading

Proskauer’s Value Insights Survey is Now Live

By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Independent Contractor, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading

Participate in Proskauer’s Value Insights Survey

By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Last year, Proskauer’s Labor and Employment Law Department conducted its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives and to work with … Continue Reading

Proskauer Releases Survey Results on Value Insights: Delivering Value in Labor and Employment Law

By Katharine Parker on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Immigration, Independent Contractor, Leaves of Absences, Litigation and Arbitration, National Labor Relations Board, Non-Competes and Protection of Corporate Assets, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Whistleblower, Workplace Policies and Procedures, Workplace Restructuring and WARN
Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading

Employees Face Uphill Battle in Holding Private Equity Firms Accountable under WARN Act

By Andrew Rice and Marc A. Mandelman on Posted in Workplace Restructuring and WARN
The United States District Court in Delaware recently issued a welcome decision for private equity firms whose portfolio companies run afoul of the Worker Adjustment and Retraining Notification Act (the “WARN Act”).  In In re Jevic Holding Corp. (PDF), the Court affirmed a bankruptcy court decision holding that Sun Capital Partners (“Sun”) was not liable … Continue Reading

EEOC Sues Over Common Release Language In Northern District of Illinois

By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Restructuring and WARN
The EEOC recently filed a lawsuit challenging CVS Pharmacy’s (the “Company’s”) separation agreement, which, it asserts, was distributed to more than 650 employees in 2012.  EEOC v. CVS Pharmacy, Inc., Case No. 1:14-cv-00863 (N.D. Ill.).  The agency alleges that the separation agreement had the effect of interfering with Title VII rights by purportedly failing to … Continue Reading

More Practical Employment Law Issues Facing Government Contractors as the Federal Government Shutdown Continues

By Connie Bertram, Katharine Parker, Guy Brenner and Daniel Davis on Posted in Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
As the federal government shutdown enters its third week, it remains unclear when a deal will be forged. We have been helping government contractors navigate the difficult legal issues raised by the continued government shutdown and previously published an alert, Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown, … Continue Reading

Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal

By Connie Bertram, Daniel Davis, Guy Brenner and Katharine Parker on Posted in Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
On October 1, 2013, the federal government shut down for the first time in seventeen years. Government contractors are already feeling the bite of the shutdown and facing immediate issues regarding how to handle impacted workers while the shutdown continues and their work is on hold. This alert discusses many of the most significant employment-related … Continue Reading
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