The memo offered, among other things, reimbursement to defense contractors that incur severance costs as a result of not issuing layoff notices in compliance with the WARN Act
. The amount of government-covered costs and the source of the funding have not yet been delineated.
Bankruptcy Judge Martin Glenn Wednesday that the WARN Act
does not apply in this case, because liquidating companies are not considered employers.
The application of the WARN Act
(Worker Adjustment and Retraining Notification), which requires advance notifications to employees of probable layoffs, is now in question following a Department of Labor memo that says notices are not required under the current scenario.
In addition, Jackson Lewis provides advice nationally in other workplace law areas, including: Reductions in Force, WARN Act
; Corporate Governance and Internal Investigations; Drug Testing and Substance Abuse Management; International Issues; Management Education, including e-Based Training; Alternative Dispute Resolution; Public Sector Issues; Government Relations; Corporate Diversity Counseling and College and University Employment Law and Compliance Issues.
Workers will receive notice under the federal Worker Adjustment and Retraining Notification Act, or WARN Act
, and will be paid for 60 days, Savage said.
Both houses of Congress are looking at versions of a statute called the Federal Oversight Reform and Enforcement of the WARN Act
, or the Forewarn Act.
Looking for answers and a way to channel their furor, some learned that National Machinery might have violated the federal Worker Adjustment and Retraining Notification Act, known as the WARN Act
, by failing to notify workers of the impending layoffs.
You also need to be aware of tax and regulatory issues in the employment area, such as those covered by ERISA and the WARN Act
, including the filing requirements.
Wilson said Airtherm would be held responsible for its failure to give notice as required under the WARN Act
and said the workers' damages will be decided at trial.
Even fewer are aware of the ramifications that a violation of the WARN Act
may have on a company's ability to restructure its business through Chapter 11 reorganization.
The only reason we distributed the WARN Act
was because the plant is for sale and Philips wouldn't rehire the employees.
Clinton explained that, under an assets sale, Amphlett's employees will be given termination notices in accordance with the federal WARN act
(Workers Adjustment and Retraining Notification Act).