You have been WARNed — Recent case addresses notice requirement for mass layoffs

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Abstract: In late 2008, the national economic crisis hit the steel business hard — including U.S. Steel. When it laid off workers before the end of the year, the union sued, claiming that the company had not given 60 days’ notice, as required by the Worker Adjustment and Retraining Notification (WARN) Act. The company claimed its actions were protected by the act’s "unforeseeable business circumstances" exception. This article explains why the Eighth Circuit agreed. Citation: United Steel Workers of America Local 2660 v. United States Steel Corporation, No. 11-3002, July 2, 2012 (8th Cir.)