Thread regarding Nielsen layoffs

Nielsen is NOT ABOVE THE LAW... WARN ACT VIOLATION??

YOUR RIGHTS UNDER WARN: CALL-ASK QUESTIONS- GET THE WORD OUT.
This is what happens when you lay off your CHRO..
There's strength in numbers!!

DK gave an 8 min notice!!!

U.S. Department of Labor
200 Constitution Ave NW
Room N-5641
Washington, DC 20210
202-693-3079
Email: warn.inquiries@dol.gov

YOUR RIGHTS ...You must receive a written notice 60 days before the date of a mass layoff or plant closing if you meet the conditions discussed in this brochure. If your employer does not give you the required notice, you may be able to seek damages for back pay and benefits for up to 60 days, depending on how many days’ notice you actually received.
Please refer to the following information to help you understand when WARN applies to the circumstances of your job loss.

An employer that violates the WARN Act notice requirement is liable to each affected employee for an amount equal to back pay and benefits for the period of violation up to 60 days.

EMPLOYEES PROTECTED BY WARN
You are protected by WARN if your company fits the following profile:

• It is a business with 100 or more full-time workers (not counting workers who have less than 6 months on the job and workers who work less than 20 hours per week), or employs 100 or more workers who work at least a combined 4,000 hours a week, and is a private for-profit business, private non-profit organization, or quasi-public entity separately organized from the regular government.

Workers protected by WARN may be hourly or salaried workers, including managerial and supervisory employees.

You may be protected by WARN if your job loss occurs as part of:
• A plant closing (see glossary)—where your employer shuts down a facility or operating unit (see glossary) within a single site of employment (see glossary and FAQs) and lays off at least 50 full-time workers;

• A mass layoff (see glossary)—where your employer lays off either between 50 and 499 full-time workers at a single site of employment and that number is 33% of the number of full-time workers at the single site of employment; or

• A situation where your employer (see glossary) lays off 500 or more full-time workers at a single site of employment.

U.S. Department of Labor
200 Constitution Ave NW
Room N-5641
Washington, DC 20210
202-693-3079
Email: warn.inquiries@dol.gov

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| 4951 views | | 22 replies (last January 19, 2023) | Reply
Post ID: @OP+1kFSPpEo

22 replies (most recent on top)

They shut down the chicago office today. If they layoff more than a third of the workforce here, the WARN act of Illinois will be triggered!

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Post ID: @6bfb+1kFSPpEo

I emailed warn.inquiries@dol.gov These are excerpts from their reply...

While the Department can provide guidance and information about the WARN Act, it has neither investigative nor enforcement authority under the WARN Act; therefore, it cannot issue advisory opinions on specific cases. Employees alleging a WARN Act violation should seek legal counsel and file an individual or class action suit in U.S. District Court. The judge will determine whether a violation has occurred. An employer who violates the provisions of the WARN Act may be found liable for an amount equal to the back wages and benefits for the period of violation, up to 60 days.

You may want to reach out to your State Rapid Response Coordinator. They can provide you with information from finding new employment or a lawyer to determining if your employer violated any state level laws. The contact information can be found at: https://www.dol.gov/agencies/eta/layoffs/contact.

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Post ID: @4slf+1kFSPpEo

Get the word out to report possible WARN ACT VIOLATION:

info@ap.org

news-tips@nytimes.com

today@nbc.com

Regenna.Darrah@labor.ny.gov

RapidResponse@DEO.MyFlorida.com

Annamarie.Dorr@illinois.gov

Bryan.Ellis@illinois.gov

letter@globe.com

editorial@thecanadianpress.com

letters@time.com

letters@theatlantic.com

letters@washpost.com

www.lfpress.com/ugc/submission (LONDON FREE PRESS)

wsj.ltrs@wsj.com (WALL STREET JOURNAL)

COPY AND PASTE THE LINKS BELOW FOR ADDITIONAL EMAIL ADDRESSES:

https://www.angelfire.com/ns2/briancrocker/News_Media_Email_Addresses.htm

https://education.easterseals.org/wp-content/uploads/2016/04/News-Media-email-and-twitter-Contact-List-as-of-feb-28-2016.pdf

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Post ID: @1tnw+1kFSPpEo

Re-Lastly and most importantly do not trust a soul with what your severance offer is once you sign it. Nielsen has the authority to revoke it.

On what basis could they revoke it? I get 26 weeks and then they can change their mind for whatever reason? If I don’t sign this paperwork I get nothing?

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Post ID: @mkf+1kFSPpEo

www.dol.gov
https://webapps.dol.gov/elaws/eta/warn/faqs.asp

What if my employer pays me for the 60 days instead of sending me a WARN notice?

WARN requires 60 calendar days written notice. The law makes no provision for any alternative such as pay in place of notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option. Because WARN provides for back pay and benefits for the period of the violation, up to 60 days, generally this approach by an employer—pay in place of notice—means that the employer has already met the penalty specified in the Act, if the payment is not required to be made. WARN allows voluntary payments of wages and benefits to be offset against any damages that might be awarded. If, however, payment is required by another law, contract, or company policy or practice, it may not be offset against WARN damages.

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Post ID: @jjs+1kFSPpEo

This is helpful info for laid off remote workers and the Warn Act, this is a bit loophole-y but looks like the courts sided on the side of remote workers in some circumstances.

What I am confused about is if severance replaces the Warn Act if the severance is at least 60 days? Some people only got a month of severance so really, a lawyer needs to weed through this mess.

https://www.natlawreview.com/article/remote-employees-can-bring-class-action-under-warn-act

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Post ID: @gcf+1kFSPpEo

I'm not impacted, so I don't know the exact terms of this round of layoffs, but consider this as well - usually the notification date (the last day you spent on your job) is not the date under which your contract is terminated.
Has the severance been offered this time?

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Post ID: @jki+1kFSPpEo

The lawsuit mentioned was settled last year.

Settlement and Discussion

On March 15, 2022, the parties to the securities suit filed a Stipulation of Settlement with the court, indicating that the case had settled, subject to court approval, for $73 million. The settlement stipulation does not indicate the source of the funds to be paid in the settlement; there is no indication if any of the settlement amount is to be funded by D&O insurance. The settlement says, with respect to the settlement consideration, that “Defendants shall pay, or cause to be paid, the Settlement Amount into the Escrow Account” under the timeline specified in the settlement stipulation.

https://www.dandodiary.com/2022/05/articles/privacy/nielsen-holdings-settles-gdpr-related-securities-suit/

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Post ID: @ymk+1kFSPpEo

This wouldn't be the first time Nielsen thought it was above the law...

A shareholder class action lawsuit initially filed against Nielsen in August of 2018 alleging false and misleading statements was settled for $73 million in the U.S.
The Court set a final approval hearing for July 20.

https://www.insideradio.com/free/nielsen-settles-class-action-lawsuit-for-73-million/article_22eb5d6e-c9d2-11ec-9545-af4a1697e42a.html

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Post ID: @hyx+1kFSPpEo

Put this information on social media/twitter and tag https://twitter.com/davidwkenny with hashtag #Nielsen

Let people know how this company treat's people.

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Post ID: @lxh+1kFSPpEo

Email your question(s) and/or a copy of the letter David sent out to the email addresses below to report possible WARN ACT VIOLATION:

info@ap.org

news-tips@nytimes.com

today@nbc.com

Regenna.Darrah@labor.ny.gov

RapidResponse@DEO.MyFlorida.com

Annamarie.Dorr@illinois.gov

Bryan.Ellis@illinois.gov

letter@globe.com

editorial@thecanadianpress.com

letters@time.com

letters@theatlantic.com

letters@washpost.com

www.lfpress.com/ugc/submission (LONDON FREE PRESS)

wsj.ltrs@wsj.com (WALL STREET JOURNAL)

COPY AND PASTE THE LINKS BELOW FOR ADDITIONAL EMAIL ADDRESSES:

https://www.angelfire.com/ns2/briancrocker/News_Media_Email_Addresses.htm

https://education.easterseals.org/wp-content/uploads/2016/04/News-Media-email-and-twitter-Contact-List-as-of-feb-28-2016.pdf

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Post ID: @vdv+1kFSPpEo

Contact your congressional representatives too.

https://www.senate.gov/senators/senators-contact.htm

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Post ID: @goy+1kFSPpEo

Still in shock but at least I have somewhere to start and try and make sense of it all… This whole process seems wrong! Thank you to the person who started this thread and others who have added to it.

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Post ID: @sur+1kFSPpEo

DO NOT ASSUME.. CALL AND ASK QUESTIONS.

U.S. DEPARTMENT OF LABOR

200 Constitution Ave NW
Washington, DC 20210
1-866-4-USA-DOL
1-866-487-2365
TTY
www.dol.gov
https://webapps.dol.gov/elaws/eta/warn/faqs.asp

What if my employer pays me for the 60 days instead of sending me a WARN notice?

WARN requires 60 calendar days written notice. The law makes no provision for any alternative such as pay in place of notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option. Because WARN provides for back pay and benefits for the period of the violation, up to 60 days, generally this approach by an employer—pay in place of notice—means that the employer has already met the penalty specified in the Act, if the payment is not required to be made. WARN allows voluntary payments of wages and benefits to be offset against any damages that might be awarded. If, however, payment is required by another law, contract, or company policy or practice, it may not be offset against WARN damages.

This approach may make it difficult for workers to receive rapid response assistance, which is usually carried out at the work site. Workers who are given pay in lieu of notice and who need assistance should contact their closest American Job Center by visiting America's Service Locator or calling 1-877-US-2JOBS (V) or TTY.Can my employer provide a severance package instead of notice?

It is possible for an employer to provide a severance package instead of notice in two situations. First, the severance package may be conditioned on waiving any claims under WARN. The conditions for waiver are discussed in the next question. Secondly, the severance package may offset WARN, effectively providing pay in lieu of notice. There are certain circumstances under which WARN allows "voluntary and unconditional" payments that are not required by a legal obligation or collective bargaining agreement to be offset against an employer's back pay obligation. However, payments that are required by a contract, such as an employer's personnel policies (or much less likely, state law), would not offset WARN damages and, thus, would not serve to reduce the employer's liability.

Can I waive my WARN rights?

There are circumstances in which your employer may ask you to waive your rights to WARN notice in return for a severance package. If you agree to such a waiver voluntarily and knowingly, with an opportunity to think about it and consult with a lawyer if you wish to, and if there is a consideration, that is, if you get something of reasonable value in exchange for the waiver, then the waiver will be effective to eliminate your rights under WARN.

U.S. DEPARTMENT OF LABOR

200 Constitution Ave NW
Washington, DC 20210
1-866-4-USA-DOL
1-866-487-2365
TTY
www.dol.gov

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Post ID: @ncx+1kFSPpEo

Layoff Notice Laws (WARN)

Most states do not have their own layoff notice laws, BUT do operate rapid response offices to help ENFORCE the FEDERAL WARN Act.

Seven (7) states have enacted layoff notice laws similar to the WARN Act. COPY AND PASTE THE LINK BELOW TO LEARN ABOUT each state’s WARN requirements and a link to the state department responsible for receiving WARN notices and dealing with WARN Act issue.

WHAT STATE DO YOU LIVE IN?

https://www.employmentlawhandbook.com/employment-and-labor-laws/topics/layoff-notice-laws/

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Post ID: @owm+1kFSPpEo

FLORIDA

https://floridajobs.org/office-directory/division-of-workforce-services/workforce-programs/reemployment-and-emergency-assistance-coordination-team-react/warn-notices/warn-notices-procedure-and-instructions

Program Information

The Worker Adjustment and Retraining Notification (WARN) Act provides protection to workers, their families and communities by requiring employers to provide notification 60 calendar days in advance of covered plant closings and mass layoffs. Advance notice provides workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain alternative jobs and, if necessary, to enter skill training or retraining that will allow these workers to successfully compete in the job market.

Employers* must provide notice to the:

Affected workers or their representatives (e.g., a labor union)
State Rapid Response Coordinator
Chief elected official of the unit of local government in which the employment site is located

Employers are encouraged to submit notices to the State Rapid Response Coordinator via e-mail at WARNnotices@deo.myflorida.com so Rapid Response services may be promptly provided. Florida’s Local Workforce Development Boards are responsible for direct services to employers and workers who are affected by layoffs and business closings.

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Post ID: @gpx+1kFSPpEo

It applies to Florida... CALL ....ASK QUESTIONS

https://floridajobs.org/office-directory/division-of-workforce-services/workforce-programs/worker-adjustment-and-retraining-notification-(warn)-act

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Post ID: @mbx+1kFSPpEo

I don’t believe this applies to Florida, I understand it’s an employer state, not an employee state.

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Post ID: @ler+1kFSPpEo

Now this post has me thinking if Nielsen is in violation of the MRC ethical and operational standards

http://mediaratingcouncil.org/MRC%20Minimum%20Standards%20-%20December%202011.pdf

Media Rating Council
Suite 343
420 Lexington Ave.
New York, New York 10170
Tel: 212-972-0300
FAX: 212-972-2786
E-mail: staff@mediaratingcouncil.org

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Post ID: @npz+1kFSPpEo

https://www.dol.gov/agencies/eta/layoffs/warn

PLEASE CALL / EMAIL FOR CLARITY... START ASKING QUESTIONS

U.S. Department of Labor
200 Constitution Ave NW
Room N-5641
Washington, DC 20210
202-693-3079
Email: warn.inquiries@dol.gov

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Post ID: @tqq+1kFSPpEo

This last bullet point makes me wonder if the warn act will apply to us.
• A situation where your employer (see glossary) lays off 500 or more full-time workers at a single site of employment.

We're all over the globe, but even for us in the US, some are remote, some are hybrid some at offices. We need clarity on this point.

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Post ID: @jfb+1kFSPpEo

GET THE WORD OUT!!!

FAIR wants to hear about your media activism.
Please send copies of your letters to journalists to:
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Post ID: @ckx+1kFSPpEo

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