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New York Update: NYS Amends WARN Regulations and NYC Provides Guidance on New Law Concerning Use of AI in Hiring (US)

New York State (NYS) and New York City (NYC) have been characteristically busy – enacting, amending and clarifying employment legislation.[1] This blog post discusses two significant changes: (1) amendments to the New York State WARN Act (NY WARN) regulations, which impacts New York employers state-wide, and (2) agency guidance clarifying employers’ compliance obligations with respect … Continue Reading

Don’t Say We Didn’t WARN You: New Jersey Mini-WARN Act Amendments Go Into Effect On April 10, 2023 (US)

The global economic downturn means that we are likely to see more restructuring and reorganization measures during 2023. Employers need to be aware of compliance with the federal Worker Adjustment and Retraining Notification Act (the federal “WARN” Act), which requires advance notification in the case of plant closings and mass layoffs. Some states have also … Continue Reading

Employers Can’t Escape WARN Act Liability Because of COVID-19 (US)

The word “unprecedented” has been applied often (and exhaustingly) throughout the COVID-19 pandemic, but when it comes to the impact the pandemic had on the U.S. employment law landscape, the term fits. This was never truer than in the earliest days of the COVID-19 outbreak when companies, facing sudden and abrupt business closures, dramatically reduced … Continue Reading

Federal Court Decision On WARN Act And COVID-19 Could Signal Problems For Larger Employers (US)

UPDATE: On January 21, 2021, the defendants filed a motion with the district court for permission to take an interlocutory appeal to the 11th Circuit Court of Appeals on the following question: “What causal standard is required to establish that a plant closing or mass layoff is “due to any form of natural disaster” under … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
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