A buddy of mine just told me that Avaya might be in violation of the WARN act in NJ. This act requires notification of 90 days, if more than 50 people were laid off in a 30 day window. Anyone have idea of how many people were fired?
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WARN requires covered employers to provide employees with advanced notice 60-days before closing a plant or conducting a mass layoff. A business is subject to WARN when it employs 100 or more individuals, excluding part-time employees, or 100 or more individuals, including part-time employees, who collectively work more than 4,000 hours a week. 29 U.S.C. § 2102(a)(1).
Determining the number of workers being terminated at a single site of employment is a key inquiry for determining whether the notice requirement is triggered under WARN. An employer triggers the 60 days' notice requirement when: (1) a plant closes, causing employment loss for at least 50 employees during a 30-day period, of either a single site of employment or facilities within a single site or (2) a mass layoff, or reduction-in-force, that is not the result of a plant closing and causes the employment loss of at least 500 employees or 50 employees who comprise at least 33 percent of active employees at a single site of employment. 29 U.S.C. § 2101(a)(2)-(3).
With many workers now working remotely from their homes, how should employers count them for the single site of employment analysis?
While WARN and its corresponding regulations do not explicitly address "remote" employees. The regulations do provide guidance on workers who are "outstationed."
(6) For workers whose primary duties require travel from point to point, who are outstationed, or whose primary duties involve work outside any of the employer's regular employment sites (e.g., railroad workers, bus drivers, salespersons), the single site of employment to which they are assigned as their home base, from which their work is assigned, or to which they report will be the single site in which they are covered for WARN purposes.
10 C.F.R. § 39.3(i)(6).
While the regulations provided guidance on "outstationed" employees, until recently, it was not clear whether remote workers should be considered under this guidance or as separate employees working from their own personal site of employment. A recent case has added clarity on this issue.
In Re: Hoover v. Drivetrain LLC, the Court concluded that the text of the "outstationed" employees regulation undoubtedly covers remote employees." No. AP 20-50966, 2022 WL 3581103, at *4 (Bankr. D. Del. Aug. 19, 2022) (emphasis added).
Accordingly, a remote or telecommuting worker's "single site of employment" is determined by either (1) the single site of employment to which they are assigned as their home base, (2) from which their work is assigned or (3) to which they report. Id. (citing 20 C.F.R. §639.3(i)(6)). The US Department of Labor's guidance also confirms this interpretation. Thus, for example, an employee living in Miami who receives work from or reports to a supervisor in the Houston office of a business would be considered an employee in the Houston site of employment for WARN.
WARN ACT Insight...
It was passed when NAFTA resulted in factory closures. It didn't consider "Remote Workers", as it requires companies to follow WARN act rules IF 50 or more employees are impacted. Therefore, theoretically, they can lay off 2450 employees in one day and NOT have to report it (49 x 50).
Also, it is 60 DAYS NOT 90 Days notice.
Also, they can give severance/pay IN LIEU of notice. Which is what all tech companies are doing during the cuts.
I heard 800 to 1000 in North America and 100-150 in India, but that's just what I heard. I doubt they've revealed the exact number.
I wonder if this 30 day time frame is why there are rumors of another round of layoffs for the first week of Dec.
I wonder how many remaining are US resources. I wonder how many employees you need to have to be considered a US company.
I have heard 500-1000 globally, however I have no idea how accurate that is as it was t official