In Piron et al. v. General Dynamic Information Technology, Inc., Case 3:19-cv-00709-REP, the United Stated District Court for the Eastern District of Virginia, granted class certification for a Worker Adjustment and Retraining Notification (“WARN”) Act claim brought by remote employees.
The plaintiffs in this case were remote workers who were covered under a Flexible Work Location policy, which stated that “employees may work some or all of the work week in a company-provided office setting, co-located with customers, or from an alternative location (generally the employee’s home).” The employees were required to move from point to point to conduct their work duties, and the company’s expense reports showed frequent reimbursements for travel. Plaintiffs were laid off and filed suit against the company, alleging the company failed to provide the WARN Act notification. Plaintiffs moved for class certification.
The WARN Act requires, among other things, employers to provide at least 60 days’ notice prior to a mass layoff. “Mass layoff” is defined as a reduction in a workforce at a single site of employment that impacts at least 33 percent of the employees and a minimum of 50 employees in a 30-day period. The WARN Act does not define the term “single site of employment,” but the regulations provide that a single site of employment is “either a single location or a group of contiguous locations.” The regulations further provide that for mobile workers, workers whose primary...
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