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Employment Law Strategist

September 2008

Competing Definitions of ‘Mass Layoffs’ Under the WARN Act

By Neil V. McKittrick and Elizabeth L. Schnairsohn

The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" — one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.

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