Disney will be the last to announce layoffs, but thousands are coming. Sea World just announced massive layoffs for many who were on furlough already. All the theme park players in Central Florida are failing, one by one. These are very sad times for the industry. Disney just cancelled the biggest portion of its Christmas programming for the Magic Kingdom and Epcot. Sad, sad times.
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The WARN Act 60 day notice does not need to apply, although obviously the company can still follow that 60 day requirement.
This is from a legal website -
One issue that arises during a pandemic is that employers may not know how long layoffs will last. If an employer initially announces that a layoff will not exceed six months, but later determines the layoff will exceed six months due to business circumstances that were not reasonably foreseeable when the layoffs were implemented, the employer can avoid violating WARN by providing notice as soon as it becomes reasonably foreseeable that the layoff will extend beyond six months.
The source for this is 29 U.S.C. §2102(c)
AND
Many employers will be unable to provide 60-days’ advance notice of reductions during the COVID-19 pandemic. The question then becomes whether such employers can rely on any of the WARN exceptions. Significantly, the exceptions do not excuse notice altogether; employers relying on an exception are still required to provide as much notice as is practicable.[16] The Department of Labor (DOL) regulations note that “in some circumstances” in which notice was not practicable before a plant closing or mass layoff, notice after the fact may suffice. There are three exceptions under WARN: natural disasters, “unforeseeable business circumstances,” and “faltering company.” Employers bear the burden of proof with respect to exceptions.
The source for this is 20 C.F.R. §639.9
http://reactwarn.floridajobs.org/WarnList/Records?year=2020
Not sure of all the rules, but for example the CP/PI state notification for WARN was 5/4/20 with a layoff date of 3/31/20. Unlikely that it will hit here before public announcements as the Dis likes to control the messages.
As an earlier poster implied- at least when it comes to salaried employees what Disney has done is to file the WARN notice around the same time as it notifies them of layoffs. Then they are kept on the payroll for the 60 days. They may either be asked to work or not during that time depending on their role. Then they will get severance in addition. Large scale hourly layoffs are very rare if not unprecedented at Disney so I'm not sure how that will go if Disney decides to stop paying benefits to those employees.
WARN Act would apply. Posted daily M-F. Google FL Warn Act 2020. Listed in date order.
Also review TWDC SEC 2009 amendment filing on severance packages. It notes if Warn Act notIce not long enough employee is paid and inactive until official date of layoff. (At least that is my understanding). Good luck to everyone.
I’m wondering and worrying about the date of a possible WDW lay-off, too. Does the WARN Act apply, if so, would that be 60 days? Also, I am a FT, non-union employee who did NOT get the extended furlough letter. What could that mean? Should I call my leader? Please help!
This Friday is two weeks away from the end of Disney’s fiscal year (I think). So if they want people gone before the new fiscal year, and they’re giving two weeks notice, Friday could be a big day.
I wonder if they will offer early retirement buyout packages to employees first?