Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
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.
Description
Given ongoing economic concerns in a post-pandemic world and the possible impact of a new administration, layoffs remain a possibility for many employers. Counsel and their clients must consider the notice obligations under the WARN Act and related state laws due to changes in employment status.
Employment counsel should be aware of recent federal decisions related to the WARN Act including when it is implicated for remote workers and when employers are exempted from the law's notification requirements.
When it comes to selecting employees to be included in a RIF, counsel should be able to guide employers on factors to consider including how to complete a disparate impact analysis on the affected parties to determine if there is potential liability under anti-discrimination laws. And though the WARN Act applies to employers of 100 people or more, smaller employers should review their state's applicable laws to determine if they must comply.
The WARN Act also provides several employer defenses, including exceptions for employers who were hit with unforeseen business circumstances, companies that sought financing shortly before shutting down a plant, and a good faith defense often used to reduce or eliminate damages when liability is found.
Listen as our panel discusses WARN Act compliance, recent decisions, and what best practices counsel and their employer clients should consider when evaluating a reduction in force.
Presented By
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.
Mr. Prokott advises businesses regarding complex workplace matters. He leads Faegre Drinker’s global HR compliance, training and transactions team, and represents employers of all sizes across a variety of industries, including multinational publicly traded and privately owned companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott also regularly advises individual executives and management teams in connection with negotiating and drafting employment and separation agreements.
Practicing employment law since 1991, Mr. 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. Mr. Raisner has litigated more than 100 WARN Act cases that have totaled over $100 million in settlements. He 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. Mr. Raisner 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.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Wednesday, March 5, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Introduction
- WARN Act
- Employee selection considerations
- Notice requirements
- Definitions
- Employer
- Exceptions
- Definitions
- Recent cases
- Remote workers
- Defenses
- Employer best practices
- Practitioner takeaways
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?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
AI Governance, Transparency, and Bias Audits in Employment: State Law Update, Mobley v. Workday, Compliance Issues
Wednesday, April 8, 2026
1:00 PM E.T.
FLSA Collective Action Conditional Certification and Decertification Strategies
Wednesday, June 3, 2026
1:00 PM ET/10:00 AM PT
Recommended Resources
Making Continuing Education Work for You, Anytime, Anywhere
- Learning & Development
- Career Advancement