"This is the first federal appellate decision on the issue of whether a pandemic is a natural disaster under the WARN Act," attorney Gabriel Assaad said. "Many district and bankruptcy courts around the country have ruled differently on this issue. Now there is strong and well-reasoned authority that COVID-19 is not."
June 16, 2022 at 04:30 PM
4 minute read
Employers who have been using a natural-disaster exception as a defense of abrupt layoffs related to the COVID-19 pandemic received unwelcome news from a U.S. appellate court.
The U.S. Court of Appeals for the Fifth Circuit has ruled that COVID-19 does not qualify as a natural-disaster exception under the Worker Adjustment and Retraining Notification Act, which requires a 60-day notification in advance of plant closings and mass layoffs.
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