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WARN Act no help for airport security screeners
July 24, 2006 by Ross Runkel at LawMemo
When the federal government took over airport security screening, formerly done by private companies, a lot of employees got laid off.
Employees were laid off without getting a 60-day WARNing notice. So they sued the private employer claiming a violation of the WARN Act.
The 9th Circuit holds that the WARN Act does not apply here. Deveraturda v. Globe Aviation Security (9th Cir 07/24/2006).
Why? Because the WARN Act applies only when an employer orders a plant closing or mass layoff. In this case, the layoff was caused by the federal government and not by the private employer.
My view:
This seems to be the correct interpretation of the WARN Act, which says: "An employer shall not order a plant closing or mass layoff until the end of a 60-day period" etc. etc.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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