WHAT'S NEW IN EMPLOYMENT LAW? Welcome to Shaw Law Group, PC's law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, 'cause it isn't. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also - this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2017. All rights reserved.
Tuesday, July 25, 2006
WARN Act doesn't apply when the government orders a layoff
When the federal TSA assumed the security screening operations at San Jose, California airport, Globe Aviation Security Services laid off a number of employees previously performing security checks there. Employees brought a class action claiming the federal WARN Act required Globe to provide 60 days' notice of the layoff. Not so, says the Ninth Circuit, in Deveraturda v. Globe Aviation Security Services. The court held that the WARN Act applies only when the "employer" orders the layoff. In this case, the federal government's legislation federalizing airport security mandated Globe's activities.