October 6, 2008. Recent Rulings Favor Taxpayers Statute of Limitations Defense, Obligations Imposed by Stimulus in Cases of Breach Involving Protected Health Information Clarified, Recent Amendments To New York Labor and Employment Law, OIG Approves Hospital/Physician ASC Joint Venture; Cautions Against Valuing Intangibles, FTC Issues Final Petroleum Market Manipulation Rule, SEC Proposes Pay-to-Play Rules That Would Significantly Restrict Political Contributions by Investment Advisers, Workplace Privacy in California: Employee Interests, Employer Rights, IRS Grants Filing Extension for the Report of Foreign Bank and Financial Accounts (FBAR), The SEC Approves the Elimination of Broker Discretionary Voting in All Director Elections, Investment Advisor Not Liable for Securities Fraud in Recommending Hedge Fund That Was Part of a Ponzi Scheme, DOE Announces More Than $30 Billion in Loan Guarantee Funding for Certain Renewable Energy, Energy Efficiency and Transmission Projects, Applicability of Red Flag Identity Theft Rules to Investment Advisers, Second Circuit Endorses SECs Expansive View of Insider Trading, Treasury Proposes Legislation for Regulation of Private Funds, Latin America Legal and Business Developments, Capital-Raising Alternatives for Public Companies in the Current Environment, FINRA Proposes New Rules Governing Disclosure of Revenue Sharing and Other Compensation Arrangements Relating to Investment Company Securities. California Employment-Related Legislative Developments of 2008, Proposed Changes to Federal Rules on Experts, Department of Labor Issues Final Rule on Securities Cross-Trading for ERISA Accounts. The DOL guidance on the WARN Act can be found on the DOL website. 0000001642 00000 n Recent Consumer Law Developments at the California Supreme Court: What Ever Happened to Prop. The Unlawful Internet Gambling Enforcement Acts Final Rule: Better Late Than Never or Better Left Unsaid? The size of the layoff also matters. Correcting Scriveners Error How Helpful Will Courts Be? The Worker Adjustment and Retraining Notification Act (“WARN”) (29 U.S.C. The Beginning of the End of the ECB Repo Facility for Securitization? 0000005097 00000 n In notices listed on the Worker Adjustment and Retraining Notification Act (WARN Act) website, the company states the unpaid layoffs are intended to be temporary. New Jersey Court Forbids Employer to Review Employee Emails, The SECs Proposed Proxy Access Rules, Related Delaware Law Changes, and Proposed Federal Corporate Governance Legislation, Treasury Guidance Regarding Renewable Energy Grants in Lieu of Tax Credits Released, European Privacy Directive Recent Review, Divided Supreme Court Tackles Reverse Discrimination, Europes Emerging Bad Banks: Opportunities for Investors, The New UCITS IV Directive: Risks and Opportunities, The California Electronic Discovery Act: New Rules Governing E-Discovery Are Effective Immediately, Issues and Challenges in Establishing Bad Banks in Europe, FDIC to Private Equity: Thanks but (Maybe) No Thanks. Executive Insecurity - No Better Time for Employer Attention. 0000062541 00000 n Specifically, under the Act, a temporary layoff or furlough without notice that is initially expected to last six months or less but later is extended beyond 6 months (which is likely the case for many U.S. employers) may violate the Act unless: (1) The extension is due to business circumstances not reasonably foreseeable at the time of the initial layoff; AND (2) Notice is given when it becomes … DOE Announces Its First Loan Guarantee Funding Opportunity for Renewable Generation Projects That Employ Commercial Technologies. But a plant closing or mass layoff that is intended to be temporary will trigger WARN obligations if it later turns out to exceed six months. While employers need to initially look at employment losses within a 30 day … Approaches. A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. Temporary Layoffs and the WARN Act. endstream endobj 31 0 obj<>stream The WARN Act requires covered employers to provide at least 60 calendar days' advance written notice of a worksite closing affecting 50 or more employees, or a mass layoff affecting at least … The Orange County Register. More information and WARN guidance can be found on the US Department of Labor website. Immigration-Related Document Retention Guidelines for Terminated Employees and Preparation for Government Enforcement Actions, Securities and Exchange Commission Adopts Expansion of Cross-Border Exemptions, China Matters: China Immigration Update: Change in Registration Requirements for Foreigners on Business Visas or Residing in Shanghai on Residence Permits, EESA Update: TARP-CPP Application Requirements and Federal Securities Law Considerations. The U.S.-Korea Free Trade Agreement: Will It Happen? 0 Employers who violate the WARN Act may be liable for employee compensation and a civil penalty. Events Triggering Notice Obligations 1) Plant Closings Deli Again. In effect, the court held that Cal-WARN notice is required for temporary layoffs (even though notice is not required under the federal WARN Act, unless the layoff is for 6 months or more). Are Consumers Savvy About Carbon Neutral and Green Energy Marketing Claims? Covered employers should continue to file a WARN even if you cannot meet the 60-day timeframe due to COVID-19. (Winter 2008), U.K. Employment Law Changes in 2009: Statutory Rates, Limits and Entitlements, Intellectual Property Outlook for 2009: Cases and Trends to Follow, CPSC Stays Certain Testing and Certification Requirements of the Consumer Product Safety Improvement Act, California Issues Draft CEQA Guidelines for Greenhouse Gas Emissions, Final Rule on Deposit and Sweep Accounts for Depository Institutions, The Renewable Energy, Electric Transmission and Energy Tax Provisions of the 2009 Economic Stimulus Bill Passed by the U.S. House of Representatives, President Obama Signs Three Executive Orders as the First Step in Implementing a Pro-Union Labor Policy, Section 13 SEC Reporting by Advisers and Brokers and Section 16 SEC Reporting by Insiders of Public Companies, Serial Plantiff in Disability Lawsuits Sues O.C. DOL Issues New ERISA Interpretive Bulletins Regarding Economically Targeted Investments and Proxy Voting, Immigration News: White House Announces Addition of Seven Countries to Visa Waiver Program, EESA Update: TARP-CPP Application Process and Interagency Coordination Round Two, New Consumer Product Safety Legislation a Roadmap for Plaintiffs Bar, SEC Modernizes Rule 12g3-2(b) to Create Automatic Exemption for Foreign Private Issuers Establishing U.S. Ambulatory Surgery Center Joint Venture Between Nonprofit Hospital and Surgeons Poses Low Fraud and Abuse Risk, According to Office of the Inspector General, Substantial Changes with Respect to German Corporate Law Imminent, Impact of California Greenhouse Gas Rules on Landfill-Gas Power Facilities, Delaware Court of Chancery Holds that a Board of Directors Can Eliminate Unvested Right to Advancement without Director Consent, California Supreme Court Upholds the General Ban on Noncompetition Agreements While Leaving Intact the Necessary to Protect Trade Secrets Exception, Revisiting Advance Notice Bylaws in Light of Recent Delaware Decisions, Overview of Recent Department of Labor ERISA Service Provider Fee Disclosure Initiatives, New ERISA Reporting and Disclosure Rules and Guidance Appear to Favor VCOC/REOC Compliance Over 25% Test Reliance, Sponsors Will Not Allow Feared Raft of Loan Defaults, REIT Provisions in the Housing and Economic Recovery Act of 2008, Low-Income Housing Tax Credit Provisions in the Housing and Economic Recovery Act of 2008, The Regional Greenhouse Gas Initiative Conducting First Carbon Dioxide Allowance Auction, New Provisions to the Taxation of Real Estate Funds in Italy, Contracts Go Green: Incorporating Standard Terms and Conditions by Reference to a Company Website. 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