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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.
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Continue Reading Fifth Circuit Holds COVID Is Not a “Natural Disaster” Under the WARN Act

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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.
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Continue Reading Video: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave – Employment Law This Week

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…

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…

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…

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 …