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

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.

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. 

Ms. Follansbee counsels clients on a wide variety of employment issues and litigates employment disputes before state and federal courts and administrative agencies. Her litigation practice includes restrictive covenant agreements; discrimination, sexual harassment, and retaliation claims; and wage and hour compliance. Ms. Follansbee regularly advises clients on compliance with federal, state, and local laws, including changes in Massachusetts non-compete laws and leave entitlements. Her practice also encompasses assisting clients with terminations and reductions in force, WARN notifications, workplace investigations, employee classifications, and employee handbooks and policies.