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.
Blog Editors
Recent Updates
- Video: DOL’s Expanded Overtime Salary Limits, EEOC’s Sexual Harassment Guidance, NY’s Mandatory Paid Prenatal Leave - Employment Law This Week
- Podcast: FTC Nixes Non-Competes Nationwide—Now What? – Employment Law This Week
- Video: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week
- AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC
- Video: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week