Thread regarding Bank of New York Mellon Corp. layoffs

Were you laid off? WARN Act

The WARN Act requires an employer to notify employees, in writing, 60 days before a layoff, and pay the employee for those 60 days, in addition to any severance the employee may be entitled to. Unfortunately, some employers attempt to circumvent the law. If your employer did not provide you the 60 days’ notice (and pay you for those 60 days), please contact the Federal Department of Labor (DOL) or your state’s WARN office for help.

The original Worker Adjustment and Retraining Notification Act (WARN) was a Federal law that applied to all 50 states. Since the Federal WARN law was passed, most states have enacted a state WARN Act.

Among other things, the state WARN acts require employers to report layoff statistics to a state office. In fact, an employer may report the number of employees they intend to layoff, by location, before the layoff and report that information to a state WARN act office that may be available on a state web site.

Therefore, assuming the employer complied with state law, you might be able to learn about the number of employees an employer intends to layoff, by location, before the layoff. Otherwise, you can determine the number of employees that were laid off after the layoff.

If your employer laid off employees and you don’t find the layoff statistics on your state’s WARN Web site, you may anonymously report this to your state’s office responsible for the WARN act, and they will instruct the employer to report the statistics

The Worker Adjustment & Retraining Notification ACT (WARN) is a Federal law that applies to all 50 states
https://www.dol.gov/agencies/eta/layoffs/warn
Review Workers' Guide
Send specific questions to:
warn.inquiries@dol.gov

If you’d like to learn more about the WARN Act and whether your employer is complying with this Federal and State law, please review these articles. Please copy this info to your desktop and share this information with your co-workers

WARN Act Class Action Lawsuits
https://lawclubs.org/warn-act-class-action-lawsuits/

The WARN Act and Twitter
https://www.newsweek.com/warn-act-have-do-twitter-layoffs-1757119

Great article on the WARN Act
https://news.bloomberglaw.com/us-law-week/federal-and-state-warn-acts-should-guide-approach-to-layoffs

WARN Act
https://www.classlawgroup.com/employment/termination/warn-act/

General Dynamics Workers Win Class Cert. In WARN Act Suit
https://warnlawyers.com/2022/02/09/general-dynamics-workers-win-class-cert-in-warn-act-suit/

WARN Act Ruling Potential Cause of Concern for Larger Employers
https://www.hrpolicy.org/insight-and-research/resources/2021/hrpa/01-2021/warn-act-ruling-potential-cause-of-concern-for-lar/

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| 36412 views | | 5 replies (last January 31, 2023) | Reply
Post ID: @OP+1kVbXDTi

5 replies (most recent on top)

@1muh, you mean like they were on top of false claims in our FX marketing or for Russian money laundering? And don't discount the fact that many of our "leaders" are hired for their pigment and private parts instead of their competencies.

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Post ID: @2hac+1kVbXDTi

If you all put as much effort into your jobs as you do micro-analyzing the WARN Act I’d bet that most all of you would be far better off and financially secure.

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Post ID: @2mis+1kVbXDTi

I'm sure their army of lawyers are well aware of any/all requirements. When they terminate the DB plan, pay your 401k match annually, cancel Christmas etc. I can assure you they didn't do this without considering all the ways they could defend against potential lawsuits.

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Post ID: @1muh+1kVbXDTi

You have no leg to stand on. Learn the actual law before being an internet warrior

What if my employer pays me for the 60 days instead of sending me a WARN notice?

WARN requires 60 calendar days' written notice. The law makes no provision for any alternative such as pay in place of a notice. While an employer who pays workers for 60 calendar days instead of giving them proper notice technically has violated WARN, the provision of pay and benefits in place of a notice is a possible option. Because WARN provides for back pay and benefits for the period of the violation, up to 60 days, generally this approach by an employer pay in place of notice means that the employer has already met the penalty specified in the Act, if the payment is not required to be made. WARN allows voluntary payments of wages and benefits to be offset against any damages that might be awarded

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Post ID: @1hrh+1kVbXDTi

Would the sub pay be included in the payment verbiage of the act?

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Post ID: @1osk+1kVbXDTi

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