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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

WARN Act Compliance: Recent Federal Cases, Remote Work, State Law Requirements, Notice Exceptions, Defenses

$297.00

This course is $0 with these passes:

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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

Kathryn R. Droumbakis
Attorney
Mintz Levin Cohn Ferris Glovsky & Popeo PC

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. 

Daniel G. Prokott
Partner
Faegre Drinker Biddle & Reath LLP

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.

Jack A. Raisner
Founding Partner
Raisner Roupinian, LLP

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. 

Credit Information
  • 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

  1. Introduction
  2. WARN Act
    1. Employee selection considerations
    2. Notice requirements
      1. Definitions
        1. Employer
      2. Exceptions
    3. Recent cases
      1. Remote workers
      2. Defenses
    4. Employer best practices
    5. 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?