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Showing posts with the label WARN

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

  On August 26, 2024, the U.S. District Court for the District of Maryland decided in   Teamsters Local Union No. 355 v. Total Distribution Services, Inc.,  that the Maryland Economic Stabilization Act (“Maryland WARN Act” or “Act”) does not provide individuals with the right to file suit in their personal capacity to enforce a legal claim under the Act. The Maryland WARN Act still may be enforced by the Maryland Department of Labor.  The Act is based, in part, on its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act, with important differences.  Background The individual plaintiff formerly worked for defendants at an automobile distribution facility in Jessup, Maryland, known as the Annapolis Junction . During this time, Teamsters Local Union 355 represented employees, including the plaintiff, working at the Annapolis Junction in negotiations to establish an updated collective bargaining agreement for the bargaining unit. On May...

Hurricanes and Earthquakes and Wildfires, Oh My!—Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the workplace. Quick Hits Natural disasters may be unpredictable and devastating, but employers can take steps to mitigate the impact of natural disasters on their businesses and workforces. Employers may want to brush off and review their disaster-response plans and consider other legal implications for responding to natural disasters. Tropical Storm Debby has reportedly caused at least six deaths since making landfall in Florida as a Category 1 hurricane on August 5, 2024 . The storm is now progressing up the East Coast, dropping heavy rains and spawning tornadoes. Meanwhile, on August 6, a 5.2-magnitude earthquake struck Southern California, sparking fears of another devastating major earthquake. B oth come as wildfires continue to ravage the Pacific Northwest and Can...