Guidance indicates that employers must still comply with the WARN Act when implementing pandemic related workforce adjustments

To address many of the questions regarding employer responsibilities and employee protections under the Worker Adjustment and Retraining Notification (WARN) Act, the Department of Labor (DOL) issued new FAQs.  The DOL makes it clear that they are limited to providing guidance and information about the WARN Act and that enforcement actions are brought in the U.S. District Courts where the alleged violations occurred.  Therefore, all of the agency’s guidance is not binding in courts.  In light of the COVID-19 pandemic, many states have issued their own executive orders addressing layoffs and worksite closures.   Some of the states include: California, Maryland, New Jersey, New York, and Pennsylvania (Philadelphia).

The FAQs are separated by section for: (1) employers, (2) employees, and (3) State agencies.

OutSolve’s COVID-19 State Laws