With coronavirus lawsuits on the horizon, best practices are crucial

As the COVID-19 pandemic spread throughout the country, many employers responded to the unprecedented and uncertain situation by furloughing and laying off some or all of their workers. The actions already have spurred labor and employment lawsuits. And more are likely on the horizon, including as employees start returning to work. Here are a few of the prevailing trends in recent coronavirus-related labor and employment litigation and proactive steps you can take to help avoid a lawsuit.

WARN and mini-WARN Act litigation

The federal Worker Adjustment and Retraining Notification (WARN) Act, in certain circumstances, requires employers with 100 or more employees to provide at least 60 days’ notice before conducting a mass layoff or closing a plant. Less notice may lead to claims for back pay and penalties. Additionally, multiple states have enacted similar “mini-WARN Acts.” Employers that conducted layoffs allegedly without complying with the statutes may face legal risk, and several WARN Act class actions have been filed already.

Two cases have been filed in a Florida federal court: