Workforce Bulletin

A reduction in force (RIF) is a complex process that demands more than just operational adjustments. It requires meticulous planning to align business objectives with legal compliance, sound decision-making, and thorough risk mitigation.

In this one-on-one interview, Epstein Becker Green attorney Ann Knuckles Mahoney joins George Whipple to unpack the intricate legal considerations that come with workforce reductions. Ann walks through the critical aspects of adhering to the Older Workers Benefit Protection Act and the challenges posed by the Worker Adjustment and Retraining Notification Act, especially for employers handling layoffs across multiple jurisdictions.

As featured in #WorkforceWednesday:  This week, we explain how New Jersey’s WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) is set to become the strictest and most punitive in the nation.

As featured in #WorkforceWednesday:  This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due to midterm election results, and the U.S. Supreme Court’s (SCOTUS’s) decision not to review whether COVID-19 justifies a violation of the Worker Adjustment and Retraining Notification (WARN) Act.

On June 15, 2022, the U.S. Court of Appeals for the Fifth Circuit held that COVID-19 does not qualify as a “natural disaster” under the federal Workers’ Adjustment and Retraining Notification (“WARN”) Act, effectively foreclosing one important argument used by employers in defense of COVID-19-related WARN lawsuits.  As this is the only appellate court to affirmatively interpret WARN’s “natural disaster” exception, barring a split by other circuits, this case sets an important precedent in ongoing COVID-19-related WARN litigation, as well as WARN suits related to future pandemics.

As featured in #WorkforceWednesday:  This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois.

The COVID-19 pandemic and the efforts to limit its spread caused a sudden and dramatic shutdown of large sections of the U.S. economy.  Governmental shelter in place orders requiring non-essential businesses to temporarily close forced untold numbers of businesses to furlough or terminate most, and in many cases all, of their employees with little or no warning. For larger employers, mass layoffs and terminations of operations such as these, would normally trigger notification requirements under the federal Worker Adjustment and Retraining Notification (“WARN”) Act (as ...

A featured story on Employment Law This Week is the new legislation proposed in Congress that aims to clarify whistleblower policies.

The Whistleblower Augmented Reward and Non-Retaliation Act would expand protections for those who blow the whistle on financial crimes. The bill would also resolve a circuit court split on the definition of "whistleblower," expanding the scope of the term to specifically include employees who only report violations internally, without filing with the SEC or CFTC. The WARN Act aims to broaden monetary incentives for whistleblowers, and increase ...

By: Lisa M. Watanabe

The recent holiday shopping season was not so merry and bright for a number of U.S. retailers due to price discounts, stagnant wage growth and low consumer spending.  The disappointing results have prompted several retailers to close their stores and announce layoffs.  Employers considering such an action should familiarize themselves with the federal Worker Adjustment and Retaining Notification (WARN) Act and related state laws that require employers to provide notice in advance of any closings or layoffs.  The following is a brief overview of those ...

Kara M. Maciel, Member of the Firm and co-editor of the Hospitality Labor and Employment Law blog will participate in a panel discussion at the Hospitality Law Conference on February 10, 2014 in Houston, Texas.   In this featured panel  -  "Deciphering Government Regulations (ACA, ADA, WARN Act, Sanctioned Person/Entity Challenges) and Their Impact on Management Agreements", Kara will speak on the following areas affecting hospitality employers:

• Provide an overview of the federal WARN Act, such as the threshold requirements for coverage under WARN; when and to whom hotels must ...